Environmental Groups Voluntarily Dismiss Their Untimely Challenge to “Part B” CCR Rule Revisions

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As previously reported, a coalition of environmental groups recently filed a petition for review in the D.C. Circuit Court of Appeals (D.C. Circuit) challenging the U.S. Environmental Protection Agency’s (EPA) recent final rule titled, “Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments,” 85 Fed. Reg. 72,506 (Nov. 12, 2020). Commonly called “Part B,” the rule allows owners and operators to submit demonstrations showing their clay-lined impoundments are adequately protective of human health and the environment.

The environmental groups filed the petition, however, outside the 90-day timeframe in which parties may seek review of regulations promulgated under RCRA. 42 U.S.C. § 6976(a)(1). In light of their untimeliness, on February 25, the environmental groups filed a motion to voluntarily dismiss their petition for review. As a result, future challenges to Part B are now jurisdictionally barred.

For more information about this case and other CCR-related issues, please contact Holly Hill or Buck Dixon.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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