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Resource Conservation and Recovery Act - RCRA Archives

City Council Members Seek to Redefine "Reside" in Local Lead Paint Law

New York City's lead-based paint law (Local Law 1 [1982]) requires landlords to remove lead-based paint in any apartment unit in which a child under 6 years of age resides. The issue in Yaniveth R. v. LTD Realty Co. was whether a child "resides" in an apartment containing lead-based paint when the child does not live in the apartment but spends approximately 50 hours per week there with a caregiver. The child, who was found to have elevated blood lead level at the age of one lived with her parents but usually stayed with her maternal grandmother five days per week while her parents were at work and did so since she was three months old.

EPA Excludes Certain Solvent-Contaminated Rags from RCRA Regulation

In a move that has made industry insiders "ecstatic," EPA Administrator Gina McCarthy signed a final rule on July 22, 2013 which will exclude certain solvent-contaminated industrial rags or wipes from regulation under the federal Resource Conservation and Recovery Act. The new rule excludes solvent-contaminated reusable wipes from regulation as solid waste (40 CFR 261.4(a)), and excludes solvent-contaminated disposable wipes from regulation as hazardous waste (40 CFR 261.4(b)(18)) under RCRA.

Environmental Groups Denied Intervention in Suit Regarding RCRA Consent Decree

The federal Court of Appeals, D.C. Circuit recently denied three environmental groups' motion to intervene in a lawsuit between the District of Columbia ("District") and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, "Pepco"), which concerned a consent decree under the Resource Conservation and Recovery Act ("RCRA") entered into between the District and Pepco. See District of Columbia v. Potomac Electric Power Co., Civ. No. 11-00282. (D.D.C. Dec. 1, 2011).

Court Must Hear Citizen Suit Case to Force River Clean Up under Administrative Consent Order

The U.S. Court of Appeals for the Third Circuit recently held that the U.S. District Court for the District of New Jersey could not abstain from hearing a citizen suit case brought under both the federal Clean Water Act and the federal Resource Conservation and Recovery Act, and which sought an injunction requiring the defendant to clean up the Raritan River.

Failure to Specify Specific Contaminant in Notice of Intent to Sue Kills RCRA Claims

The Second Circuit Court of Appeals threw out two claims under RCRA for failure to specify the specific contaminants alleged to cause the complained-of harm in the Notice of Intent to Sue.

The federal Court of Appeals, D.C. Circuit recently denied three environmental groups' motion to intervene in a lawsuit between the District of Columbia ("District") and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, "Pepco"

The federal Court of Appeals, D.C. Circuit recently denied three environmental groups' motion to intervene in a lawsuit between the District of Columbia ("District") and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, "Pepco"), which concerned a consent decree under the Resource Conservation and Recovery Act ("RCRA") entered into between the District and Pepco. See District of Columbia v. Potomac Electric Power Co., Civ. No. 11-00282. (D.D.C. Dec. 1, 2011).

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