DC Circ. Pares Down EPA's 'Sham Recycling' Rule

Law360, New York (July 7, 2017, 1:03 PM EDT) -- The D.C. Circuit on Friday struck down portions of the U.S. Environmental Protection Agency’s regulatory definition of solid waste that were challenged by industry groups but left the rest of the rule intact.

The EPA had touted its 2015 rule as an effort to cut down on “sham recycling,” when companies claim to reuse materials that actually get discarded. Industry groups such as the American Chemistry Council and the American Petroleum Institute challenged parts of the rule including a test to determine when materials are actually recycled or just discarded. The appeals court panel, in a 2-1 decision, sided with the...

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