Statute
RCRA
49 published works
PFAS and Emerging Contaminants
EPA Proposes to List Nine PFAS as RCRA Hazardous Constituents
On February 8, 2024, EPA published a proposed rule to list nine PFAS, their salts and their structural isomers, as hazardous constituents under RCRA regulations. If the proposed rule is…
Retail & Consumer Products Law Observer
EPA Continues to Push Toward Regulation of PFAS By Proposing Two More New Rules Under RCRA
On January 31, 2024, EPA Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances (PFAS) and corrective action authority under the Resource Conservation and Recovery Act…
The Nickel Report
EPA Takes Action Under RCRA, Advancing the Agency’s PFAS Strategic Roadmap
By Rachel Saltzman, Matthew Z. Leopold, Gregory R. Wall, Javaneh S. Tarter, Nancy B. Beck, PhD, DABT, Erin Grisby
On February 1, 2024, EPA released two proposed rules under the Resource Conservation and Recovery Act (RCRA) that will advance EPA’s PFAS Strategic Roadmap. These two actions would subject certain…
Workplace Safety and Environmental Law Alert Blog
USEPA Memo and Q&A on RCRA Rules for Lithium Ion and Lithium Metal Batteries
Seyfarth Synopsis: USEPA has published a new Memo on RCRA Applicability to End-of-Life Lithium Batteries. In May 2023 the U.S. Environmental Protection Agency (“USEPA”) published a Memorandum and Q&A on the…
Environmental Law +
Four PFAS May Be Designated RCRA Hazardous Wastes
By Jon Schaefer
On October 26, 2021, the U.S. EPA announced it will initiate two rulemakings that will take significant steps to address PFAS contamination across the country. The first rulemaking will designate…
Environmental and Climate
Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA Liability in Decision that Upends Law of the Circuit
By Nicole E. Granquist, Meghan A. Quinn
The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability…
Law & The Environment
The Law Is An Ass, RCRA Edition
By Seth Jaffe
Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions…
Environmental Law & Policy Monitor
State Opposition to EPA’s COVID-19 Enforcement Discretion Policy Increases as AGs File Suit
By Randy Brogdon, Todd Fracassi
Authors Mitchell Guc, Associate, Pepper Hamilton Todd Fracassi, Partner, Pepper Hamilton Randy Brogdon, Partner, Troutman Sanders On May 13, nine state attorneys general filed a complaint against the U.S. Environmental…
Real Estate, Land Use & Environmental Law Blog
US EPA’s COVID-19 Interim Guidance on Site Field Work Decisions
On April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued Interim Guidance regarding EPA decision-making with respect to the potential impacts of the current novel coronavirus (COVID-19) pandemic on…
Environmental Law Post
EPA Issues Interim Guidance for Site Field Work Decisions Due to the COVID-19 Pandemic
On April 10, 2020, the United States Environmental Protection Agency (EPA) issued its anticipated Interim Guidance (Guidance) to regional offices on field work at contaminated sites during the COVID-19 pandemic.…