9th Circuit Reverses Itself, Says City Not Liable For Hexavalent Chromium Waste

Mealey's (July 7, 2022, 1:07 PM EDT) -- SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals on July 1 withdrew a split opinion and issued a new superseding opinion and concurring opinion that reverses the prior ruling that hexavalent chromium constitutes solid waste and a municipality can be considered a transporter of the chemical into groundwater under the Resource Conservation and Recovery Act (RCRA). The new ruling affirms the lower court’s summary judgment dismissal of the case....