Environmental -- 2019



California Communities Against Toxics v. EPA   (D.C. Circuit)

Hazardous waste recycling

The NAM intervened in a lawsuit by environmental groups that seeks to constrain manufacturers' ability to recycle hazardous waste. The plaintiffs challenged a 2018 rule by the U.S. Environmental Protection Agency (EPA) that removed significant burdens on manufacturers to recycle hazardous waste under the federal Resource Conservation and Recovery Act (RCRA). Those burdens had been removed in the 2018 rule as a result of successful NAM litigation in 2017 that challenged an earlier EPA regulation that unreasonably burdened manufacturers. Hazardous waste recycling is important to many segments of the manufacturing industry because it allows companies to reuse or repurpose chemicals, minerals, or other products that otherwise would require disposal (typically at significant expense). By intervening on behalf of EPA, the NAM sought to preserve the 2018 rule and to bring the voice of manufacturers to the litigation. On July 2, 2019, the D.C. Circuit, in a unanimous ruling, rejected the plaintiffs’ challenge. This ruling preserves a safe and cost-effective means for companies to recycle hazardous waste.


Related Documents:
NAM Motion  (July 12, 2018)