D.C. Circuit Rejects Groups’ Challenges To RCRA’s Transfer-Based Exclusion

Mealey's (July 3, 2019, 1:01 PM EDT) -- WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on July 2 rejected challenges from environmental groups of the U.S. Environmental Protection Agency’s implementation of the transfer-based exclusion to the Resource Conservation and Recovery Act (RCRA), holding that the agency did not act arbitrarily and capriciously when finding that secondary materials that are sold from a waste generator to a reclaimer are not discarded for the purposes of the statute (California Communities Against Toxics, et al. v. U.S. Environmental Protection Agency, et al., No. 18-1163, D.C. Cir., 2019 U.S. App. LEXIS 19758)....