Environmental Law Outline Herz Sp07

Environmental Law Outline Herz Sp07 - Environmental Law...

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RCRA It has six objectives: 1. Making land disposal of wastes safer . 2. Tech-forcing. By imposing more costs on regular landfill disposal, RCRA hopes to encourage firms to develop cheaper ways of adequately dealing with solid waste. 3. Waste Reduction. By increasing cost of waste disposal, firms have better incentive not to generate the waste in the first place. 4. Minimize direct regulation of American production processes. This was purposely meant to be outside of RCRA’s reach. 5. Encourage recycling. But not sham recycling!!! 6. Maintain state responsibility for dealing with solid wastes. RCRA divides the world into hazardous waste (subtitle C) and non-hazardous waste (subtitle D). Within C, there are three types of firms that are subject to stuff: generators, transporters, and TSD’s (treatment, storage, disposal facilities). TSD status is most onerous. Generators must: determine if their wastes are hazardous. If yes, those accumulating more than 100 kilos a year are subject to subtitle C. They must obtain ID number. Must use the manifest. Transporters must: use manifest, mark and label their shipments of hazardous waste, must comply with DOT’s regs. TSD’s must: obtain a permit from EPA. [read details. Sounds onerous!] New units and expansions and replacement stuff must be approved. Must have closure plans. Financial resources sufficient to … (All this on pg 326 ). EPA cannot regulate “spent” materials that are being stored for future recycling at the same plant. - American Mining Congress v. EPA (DC Cir., 1987, pg 331): Ct says it’s a Chevron case, they focus on definition of waste that says “and other discarded material.” Here, they say, it’s not discarded. It’s gonna be used. o Dissent by Mikva says that the definition EPA uses is functional. Whether the thing is “waste” is supposed to depend on the risks it poses to the env. Whether the manufacturer plans to reuse the material shouldn’t matter, if the way it is currently stored poses risk to env. What makes a waste “hazardous”? 1. By being one of the “listed wastes.” a. By being mixed with a listed waste. b. By being derived from a listed waste. 2. By being a “characteristic waste,” which is a waste that exhibits one of four characteristics: ignitibility, corrosivity, reactivity, and toxicity. a. But you can mix these, and derive from them!!! And if you can do so to the point that they stop exhibiting the bad characteristic, you’re out of subtitle C!!! TSD status is apparently really onerous. For evidence of this, see what Stoll wrote, about manufacturers that have some nice schemes to save money but they get “glum” cuz they think it’s gonna trigger TSD. 1
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Environmental Law Outline Herz Sp07 - Environmental Law...

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