Final EPA Hazardous Waste Rule Will Discourage Recycling
06 January 2015Law360 (January 6, 2015)
On Dec. 10, 2014, the U.S. Environmental Protection Agency placed on its website its long-awaited, 507-page final definition of solid waste (DSW) rule, which is the most recent chapter in the 30-year debate over how to regulate, under the Resource Conservation and Recovery Act, the recycling of hazardous secondary materials. In this new 2014 DSW rule, the EPA has chosen heavy regulation. The rule will almost surely be challenged in court on the grounds that the EPA does not have statutory authority under the RCRA to regulate materials that are not discarded.