Statute
RCRA
54 published works
Environmental Law
U.S. EPA Issues Interim Guidance on Performing Site Cleanups during COVID-19
By Jill B. Richardson, Perri L. Hom
On Friday, April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued interim guidance to its regional offices on when to conduct, reduce, or pause field work at remediation and…
EHS Law Insights
EPA response actions during COVID-19: Continue, reduce, or suspend?
By Jennifer A. Smokelin, Daniella D. Landers, Ben H. Patton, Todd O. Maiden, Nicholas Rock
There are many types of cleanup occurring across the nation during the COVID-19 pandemic under a range of U.S. Environmental Protection Agency (EPA) authorities, including, but not limited to, the…
Workplace Safety and Environmental Law Alert Blog
EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation
By Andrew H. Perellis, Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance…
Green Building Law Update
Cannabis Manufacturer Charged with RCRA but No CDS Violations
In a criminal case that says significantly more about the prosecution than the indictment on its face, the Federal government is prosecuting a leading cannabis industry manufacturer and distributor for…
Gravel2Gavel
EPA Announces Decision to Retain Current Position on RCRA Regulation of Oil and Gas Production Wastes
After much study, EPA has decided against changing its current RCRA Subtitle D rules affecting the state regulation of oil and gas exploration & production waste. Since 1988, EPA has…
Offshore Winds
You Must Warn of Defect Even If You Did Not Make It
In Air & Liquid Systems Corp., et al. v Devries, et al., No. 17-1104 (March 19, 2019) the U.S. Supreme Court held that a product manufacturer, in a maritime tort…
Gravel2Gavel
Seventh Circuit Affirms Denial of Injunctive Relief in RCRA Citizens Suit and Rejects “Continuing Violation” Argument
On March 4, the U.S. Court of Appeals for the Seventh Circuit decided an important Resource Conservation and Recovery Act (RCRA) Citizen Suit, LAJIM, LLC, et al. v. General Electric…
Environmental Law Prof Blog
Environmental law’s canonical… regulations?
In recent weeks, a few environmental law professors have asked their colleagues to participate in efforts to identify the classic or canonical cases of environmental law. It's a fun exercise…
Environmental Law Prof Blog
Recreating Cooperative Federalism with State and Local Governance
The United States uses a cooperative federalism framework to implement much of federal law. Under this framework, Congress allows states to take over implementation of major aspects of the program,…
frESH
US EPA Revises RCRA Definition of Solid Waste Rule to Comport with D.C. Circuit Rulings
On May 30, 2018, US EPA issued a final rule to revise the regulations associated with the 2015 Definition of Solid Waste (DSW) Rule. US EPA performed this rulemaking to…