Vincent Atriano

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D.C. Circuit Further Clarifies the RCRA Definition of Solid Waste Rule Ruling

On March 6, 2018, the D.C. Circuit Court of Appeals modified its 2017 ruling in American Petroleum Institute v. EPA, No. 09-1038, concerning US EPA’s Definition of Solid Waste (DSW) Rule under the Resource Conservation and Recovery Act (RCRA), which defines when hazardous recyclable materials are excluded from regulation as hazardous waste.  The end result … Continue Reading

D.C. Circuit Strikes Down Portions of the RCRA Definition of Solid Waste Rule

On July 7, 2017, the D.C. Circuit Court of Appeals issued a decision striking down portions of US EPA’s Definition of Solid Waste (DSW) Rule, which defines when certain hazardous secondary materials (i.e. recyclable materials generated as the remainder of industrial processes) become “discarded” and thus subject to regulation as a solid waste.  The Rule, … Continue Reading

Ohio Aims to Boost Criminal Penalties for State Water Pollution Violations

Ohio Governor Kasich’s recently-introduced Mid-Biennium Budget Review Environment bill (HB 490) would revise R.C. § 6111.99 to significantly increase criminal penalties for violations of Ohio’s water pollution laws. Under current Ohio law, certain criminal violations of Ohio’s water pollution laws, such as water pollution acts, falsification of data, or criminal violations of orders, rules or permits … Continue Reading
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