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RCRA Recycling

Jenner & Block

Earth Week 2024—Planet Versus Plastic—The Final Round—The Courts’ Referee Role

Jenner & Block on

As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reconditioning/Used Drum Management: Cement Kiln Recycling Coalition Comments Addressing U.S. Environmental Protection Agency...

The Cement Kiln Recycling Coalition (“CKRC”) submitted November 21st comments to the United States Environmental Protection Agency (EPA”) addressing the following Advance Notice of Proposed Rulemaking (“ANPR”) titled: ...more

Seyfarth Shaw LLP

USEPA Memo and Q&A on RCRA Rules for Lithium Ion and Lithium Metal Batteries

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Seyfarth Synopsis: USEPA has published a new Memo on RCRA Applicability to End-of-Life Lithium Batteries. ...more

ArentFox Schiff

New Guidance from EPA Finds Spent Li-Ion Batteries Are “Hazardous Waste” Under RCRA

ArentFox Schiff on

Already among the most widely used battery chemistry, lithium-Ion (Li-Ion) batteries are experiencing a rapid increase in use and demand. A growing number of these energy-dense batteries are being manufactured and used in...more

Beveridge & Diamond PC

New EPA Guidance on Lithium-Ion Batteries Leaves Critical Questions Unanswered

On May 24, 2023, the U.S. Environmental Protection Agency (EPA or the Agency) issued guidance on the potential applicability of the nation’s hazardous waste regulatory program under the Resource Conservation and Recovery Act...more

Troutman Pepper

U.S. EPA Issues FAQ Memo on Lithium-Ion Battery Management Under RCRA

Troutman Pepper on

As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lithium Battery Recycling Regulatory Status: US Environmental Protection Agency Issues Memorandum Addressing Frequently Asked...

The United States Environmental Protection Agency (“EPA”) issued a May 24th Guidance Memorandum titled: Lithium Battery Recycling Regulatory Status and Frequently Asked Questions (“Memorandum”)...more

ArentFox Schiff

ESG Litigation Update: Circular Economy-Focused Litigation

ArentFox Schiff on

Americans have been “recycling” since colonial times. However, it wasn’t until the 1960s that Americans began viewing recycling ― often provided alongside rubbish removal ― a more formal solution to problems posed by consumer...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA Guidance/Alcohol-Based Hand Sanitizers: U.S. Environmental Protection Agency Addresses Options for Repurposing/Recycling

The United States Environmental Protection Agency (“EPA”) addressed in a February 11th letter a question regarding the potential for repurposing or recycling alcohol-based hand sanitizers under the Resource Conservation and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Criminal Enforcement: Former Electronics Recycling Company President Sentenced for Alleged Hazardous Waste Violations

The United States Attorney for the Western District of Wisconsin issued a November 19th news release stating that James Moss (“Moss”) of Ladysmith, Wisconsin, was sentenced by a U.S. District Judge to 18 months in federal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Universal Waste Enforcement: Arkansas Department of Energy and Environment – Division of Environmental Quality and Crittenden...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Upper Edge Technologies, Inc. (“Upper Edge”) entered into an October 13th Consent Administrative Order (“CAO”) addressing...more

Seyfarth Shaw LLP

EPA Promulgates “Streamlined System” for Managing Hazardous Waste Aerosol Cans

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Seyfarth Synopsis: Last week the U.S. Environmental Protection Agency (EPA) finalized a “streamlined system” for managing hazardous waste aerosol cans as Universal Waste. The Agency believes that the new system will be...more

Pillsbury - Gravel2Gavel Construction & Real...

DC Circuit Upholds EPA’s Latest RCRA Recycling Rule

On July 2, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided the case of California Communities Against Toxics, et al. v. EPA. In this decision, the court rejected the latest petition to strike or...more

Holland & Hart LLP

RCRA's Definition of Solid Waste – The DC Circuit Brings Clarity to a Core Element of RCRA

Holland & Hart LLP on

The United States Court of Appeals for the District of Columbia Circuit has upheld the Transfer-Based Exclusion in EPA’s final rule Revisions to the Definition of Solid Waste, 73 Fed. Reg. 64,668, 64,669 (Oct. 30, 2008). The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid and Hazardous Waste Judicial/Regulatory Developments (2018-2019): Arkansas Environmental Federation Presentation...

I undertook a presentation on April 17th at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste Judicial/Regulatory Developments: 2018 – 2019 - The discussion addressed...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Resource Conservation and Recovery Act Guidance: July 19th U.S. Environmental Protection Agency Memorandum Addressing Automotive...

The United States Environmental Protection Agency (“EPA”) issued a July 19th memorandum interpreting certain Resource Conservation and Recovery Act (“RCRA”) regulations titled: Regulatory Status of Automotive Airbag...more

Holland & Hart LLP

Important Changes to EPA's RCRA Program

Holland & Hart LLP on

The Environmental Protection Agency (EPA) has made several recent changes that will affect compliance obligations under the Resource Conservation and Recovery Act (RCRA). First, EPA finalized revisions to the definition of...more

Bergeson & Campbell, P.C.

EPA Issues Immediately Effective Rule Amending RCRA Definition of Solid Waste

Responding to July 2017 and March 2018 orders issued by the U.S. Court of Appeals for the District of Columbia Circuit, the U.S. Environmental Protection Agency (EPA) on May 30, 2018, issued a final rule revising the...more

Seyfarth Shaw LLP

EPA Proposes Recycling Aerosol Cans As Universal Waste

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Seyfarth Synopsis: EPA announces its proposal to streamline the regulation of hazardous waste aerosol cans by adding them to the list of materials that can be managed under the Universal Waste management system....more

Bergeson & Campbell, P.C.

EPA Issued Proposed Rule to Add Hazardous Waste Aerosol Cans to Universal Wastes Regulated under RCRA

On March 6, 2018, the U.S. Environmental Protection Agency (EPA) issued a proposed rule (pre-publication version available here) to add hazardous waste aerosol cans to the category of universal wastes regulated under the...more

Beveridge & Diamond PC

EPA Issues Proposal to Streamline Requirements for Hazardous Aerosol Can Wastes by Classifying and Regulating Them as “Universal...

On March 5, 2018, the Administrator of the U.S. Environmental Protection Agency (“EPA”) signed a proposed rule to classify and regulate hazardous aerosol can wastes as “universal wastes” under the federal Resource...more

Beveridge & Diamond PC

D.C. Circuit Revises Its 2017 Ruling on the RCRA Definition of Solid Waste, Clarifying When Recyclable Materials May Be Classified...

On March 6, 2018, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued a ruling that revises its 2017 decision on the definition of solid waste under the Resource Conservation and Recovery...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Definition of Solid Waste/RCRA: U.S. Court of Appeals for D.C. Circuit Addresses Petition for Rehearing/Challenges to 2015...

The United States Court of Appeals, District of Columbia Circuit (“Court”), addressed in a March 6th Opinion petitions for Panel Rehearing of a July 7, 2017 decision addressing the Resource Conservation and Recovery Act...more

Pillsbury - Gravel2Gavel Construction & Real...

Brief Report On RCRA Developments

Here’s a brief report on recent Resource Conservation and Recovery Act (RCRA) developments: 1. On February 26, the Environmental Protection Agency published a Federal Register notice informing the public that it will...more

Williams Mullen

Environmental Groups Argue Sham Recycling Rule Should Be Recycled by EPA Rather Than Partially Discarded by Court

Williams Mullen on

EPA promulgated a final rule in 2015 redefining “solid waste” under the Resource Conservation and Recovery Act (“RCRA”) to curb sham recycling (the “Rule”). In the August 2017 issue of Environmental Notes, we reported that...more

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