New EPA Regulations Disguised As Deregulation

Law360, New York (January 8, 2009, 12:00 AM EST) -- On Dec. 29, 2008, the U.S. Environmental Protection Agency began a new regulatory scheme under the Resource Conservation and Recovery Act ("RCRA") targeting what was thought by industry to be unregulated recycling practices.

For a number of years industry has had an ongoing dispute with the EPA over the definition of "solid waste" in connection with materials destined for recycling or reclamation.

A number of decisions by the U.S. Court of Appeals for the D.C. Circuit clearly have indicated that for the EPA to regulate these...
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