Recent decisions give limited guidance on state RCRA regulation of hazardous waste. [RCRA (Resource Conservation and Recovery Act of 1976)]

Journal Article · Fri Jan 01 04:00:00 EST 1993 · Energy Law Journal; (United States)

OSTI ID:5527603

Walker, L M

In practice, since the enactment of the Resource Conservation and Recovery Act of 1976 (RCRA), state hazardous waste management programs have only been allowed to act as surrogates for the federal program. Congress recognized the need to utilize state police powers in tandem with federal standards to have the ability to enforce the provisions of hazardous waste management programs and limit the damages caused by indiscriminate waste handling and disposal. After more than fifteen years, it is apparent that federal standards and law alone have not had the capacity to smooth out specific regional problems. This discrepancy has begun receiving recognition in various courts. The power for states to implement stronger region-specific hazardous waste management programs already existed in the RCRA [open quotes]savings clause[close quotes] created by the HSWA act of 1984. This article addresses three cases since 1992 which may be indicative of a trend to guide states into creating regulations that address their regional interests. These cases are: Chemical Waste Management, Inc. v. Hunt, Old Bridge Chemicals,Inc. v. New Jersey Department of Environmental Protection, and United States v. Colorado. The federal cases discussed in this note have recognized the continuing concern of states in addressing local hazardous waste management interests and the inability of generalized federal EPA standards to correct that concern. By emphasizing RCRA's [open quotes]savings clause[close quotes] and finding state RCRA and EPA CERCLA programs as applied to federal facilities additive rather than conflicting, the federal courts appear to be guiding the maturing RCRA program toward a realistic [open quotes]cooperative federalism.[close quotes]

• OSTI ID: 5527603
• Journal Information: Energy Law Journal; (United States), Journal Name: Energy Law Journal; (United States) Vol. 14:2; ISSN 0270-9163; ISSN ELJOEA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
99 GENERAL AND MISCELLANEOUS
990400 -- Law
ADMINISTRATIVE PROCEDURES
CASE LAW
COOPERATION
DECISIONS AND ORDERS
DISPUTE SETTLEMENTS
ENVIRONMENTAL POLICY
GOVERNMENT POLICIES
HAZARDOUS MATERIALS
LAWS
LEGAL ASPECTS
MANAGEMENT
MATERIALS
POLLUTION LAWS
REGIONAL COOPERATION
REGULATIONS
RESOURCE RECOVERY ACTS
STATE GOVERNMENT
US SUPERFUND
WASTE MANAGEMENT