Category Archives: Waste

Sue And Settle: Court Rules Consent Decree Not Consistent with Public Interest December 19, 2014 Deadline for Proposing Coal Ash Rules Should Not Be Subject to Delay by the Parties

Authored by:    Kathy Beckett and Kathy Milenkovski The United States District Court for the District of Columbia recently rejected a proposed settlement agreement in litigation between several environmental groups and the EPA over EPA’s review of a proposed rule to classify coal ash as a hazardous waste.  According to the judge, the proposed settlement agreement… Read More »

W. V. Legislature Passes H.B. 107

On March 14, 2014, the W.V. Legislature passed H.B. 107, which amended the Solid Waste Management Act (W. Va. Code §§22-15-8 and 22-15-11) to allow for the receipt of additional drilling waste at certain commercial solid waste facilities in excess of the facility’s existing tonnage limit, if certain conditions are met.  The legislation imposes an… Read More »

Environmental Protection Agency Finalizes Rule Excluding CO2 Streams From Hazardous Waste Management

U.S. EPA finalized its rule conditionally excluded CO2 streams (which would otherwise be considered hazardous) associated with geologic sequestration (GS) from the Resource Conservation and Recovery Act (RCRA) definition of hazardous waste on December 17, 2013.  The pre-publication notice is available at   (The rule was initially proposed on August 8, 2011.  See, 76 FR… Read More »

Federal Judge Mandates USEPA Set Schedule for Final Rule-Making Regarding Coal Ash Residue

A federal court has now ordered USEPA to set a deadline for finalizing federal coal ash regulations.  Pursuant to the court order, USEPA has 60 days to set a schedule for the final publication of regulations concerning how we will treat coal ash residue in this country. The order was the result of a lawsuit… Read More »