EPA - North Carolina dispute: the right of states to pass stricter laws under the Resource Conservation and Recovery Act

Journal Article · · Va. J. Nat. Resour. Law; (United States)

OSTI ID:6112701

Snyder, D J

Commonly called the Not in My Back Yard (NIMBY) syndrome, local opposition has derailed or delayed new construction and further expansion of many treatment, storage, and disposal projects. One version of the NIMBY battle with repercussions for the entire RCRA program is presently being waged between the Environmental Protection Agency (EPA) and North Carolina. For the first time, the EPA has initiated proceedings to exercise its statutory authority under RCRA to withdraw approval of North Carolina's RCRA-granted hazardous-waste program. This controversy raises several important state issues concerning the RCRA program. This note contends that the EPA should not, and could not, withdraw North Carolina's RCRA authorization without violating the statutory provisions of RCRA. Using the EPA-North Carolina dispute as a vehicle for analysis, this note explores three specific questions. First, does RCRA preempt concurrent state laws regulating hazardous waste management. Second, does the Commerce Clause limit the states' role in hazardous waste regulation under RCRA. Finally, does the EPA properly interpret the two RCRA provisions defining the limits of state involvement in hazardous waste management.

• Research Organization: Virginia Journal of Natural Resources Law, Charlottesville (USA)
• OSTI ID: 6112701
• Journal Information: Va. J. Nat. Resour. Law; (United States), Journal Name: Va. J. Nat. Resour. Law; (United States) Vol. 8:1; ISSN VJNLD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
520600 -- Environment
Aquatic-- Regulations -- (-1989)
54 ENVIRONMENTAL SCIENCES
FEDERAL REGION IV
HAZARDOUS MATERIALS
LAWS
LEGAL ASPECTS
MANAGEMENT
MATERIALS
NATIONAL GOVERNMENT
NATIONAL ORGANIZATIONS
NORTH AMERICA
NORTH CAROLINA
REGULATIONS
RESOURCE RECOVERY ACTS
STATE GOVERNMENT
US EPA
US ORGANIZATIONS
USA
WASTE DISPOSAL
WASTE MANAGEMENT