April 1, 2014

RCRA Regulation of Uncontained Gases - United States v. Mountain State Carbon, LLC

Arnold & Porter Advisory

How does the Resource Conservation and Recovery Act (RCRA) -- the federal law governing the disposal of solid and hazardous waste -- regulate a liquid that emits volatile gases into the atmosphere? A recent court ruling in United States v. Mountain State Carbon, LLC has helped bring some clarity to this aspect of RCRA that had previously received scant regulatory or judicial attention. However, in doing so, the court may have generated some confusion regarding whether the gaseous emissions themselves are regulated as solid waste under RCRA.


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