RCRA

A “Blunt Withdrawal”? Bars on Citizen Suits for Toxic Site Cleanup

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By Margot J. Pollans

Throughout the history of federal statutory environmental law, citizen suits have played a key role in enforcement. Through statutory interpretation, however, courts have narrowed the circumstances under which citizens can sue. This Article explores one such restraint: Courts have severely limited citizen suits under the Resource Conservation and Recovery … [Read more…] about A “Blunt Withdrawal”? Bars on Citizen Suits for Toxic Site Cleanup

Comment: Howmet Corp. v. EPA

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By Nathan Kilbert

In Howmet Corp. v. EPA, 614 F.3d 544 (D.C. Cir. 2010), the Court of Appeals for the District of Columbia Circuit upheld a U.S. Environmental Protection Agency (“EPA” or “the Agency”) enforcement action as consistent with EPA’s regulations defining regulable “spent material” under the Resource Conservation and Recovery Act (“RCRA”).  The court’s decision is a … [Read more…] about Comment: Howmet Corp. v. EPA