U.S. District Court Rules on RCRA Claims Regarding the Statutory Requirement to Review and, As Necessary, Revise Existing Regulations

Published By Chris S. Leason

U.S. District Court Rules on RCRA Claims Regarding the Statutory Requirement to Review and, As Necessary, Revise Existing Regulations

On October 29, 2013, the U.S. District Court for the District of Columbia (the “Court”) issued a memorandum opinion resolving cross motions for summary judgment regarding the application of section 2002(b) of the federal Resource Conservation and Recovery Act (“RCRA”) to various U.S. Environmental Protection Agency (“EPA” or “Agency”) “solid” and “hazardous” waste regulations. RCRA §2002(b) requires EPA to review and, as necessary, revise its “solid” and “hazardous” waste regulations at least every three years. This is the first instance of litigation premised on RCRA §2002(b).

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