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Ongoing Cleanup Precludes Plaintiff From Establishing RCRA Imminent and Substantial Endangerment

By Steven M. Siros, Partner, Jenner & Block A recent decision from the Eastern District of Wisconsin rejected plaintiff's efforts to demonstrate RCRA imminent and substantial endangerment, notwithstanding the presence of benzene in indoor air in the basement of a facility. In Tilot Oil, LLC...

EPA Plans To Amend RCRA Hazardous Waste Generator Regulations

By E. Lynn Grayson, Partner, Jenner & Block EPA recently announced plans to amend certain hazardous waste regulations under RCRA at 40 C.F.R. Parts 261-265 in its Action Initiation List. According to EPA, the focus will be to streamline these regulations with the overall objective to make targeted...

Supreme Court’s Southern Union Decision Helps Level the Playing Field for Corporations Subject to Criminal Fines

By Bruce Pasfield and Elise Paeffgen, Attorneys, Alston & Bird LLP On June 21, 2012, the Supreme Court in Southern Union Co. v. U.S., 567 U.S. __ (2012) held that the Sixth Amendment right to a jury trial requires juries not judges to decide the facts warranting a fine exceeding a statutory maximum...

Jenner & Block: New Litigation Filed Over Spent Lead Ammunition On Public Lands

By E. Lynn Grayson, Partner, Jenner & Block The Center for Biological Diversity, the Sierra Club and the Grand Canyon Wildlands Council have filed a complaint against the U.S. Forest Service to limit the disposal of spent lead ammunition. Filed before the U.S. District Court for the District...

EPA Ordered To Move Forward With Coal Ash Waste Rule

On October 29, 2013, a federal district court judge ordered EPA to submit to the court within 60 days a plan and schedule for finalizing coal ash rules under the Resource Conservation and Recovery Act (RCRA). Appalachian Voices v. McCarthy , No. 12-cv-00523 (D.D.C. Oct. 29, 2013) [ enhanced version available...

EPA Issues Rule to Create e-Manifest System

The United States Environmental Protection Agency (EPA) has released a final rule that will allow entities to complete manifest forms required under the Resource Conservation and Recovery Act (RCRA) through a computer-based e-Manifest system hosted by EPA. The rule will offer hazardous waste handlers...