On July 7th, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision on a number of petitions challenging EPA’s 2015 Definition of Solid Waste Rule
(American Petroleum Institute v. EPA). While the decision appears not to directly impact the exclusions and exemptions for scrap materials contained within RCRA, there is one change that will make it somewhat easier for recyclers to demonstrate legitimate recycling in the event of an inspection or enforcement action. This analysis is the result of an initial reading of the Court’s decision. ISRI will provide a more detailed analysis of the Court’s decision of this matter next week at ISRI’s Summer Board and Governance Meeting being held in Washington, DC. That analysis will also be shared in a future LU. In the meantime, for more information about this Court decision, please contact David Wagger, chief scientist and director of environmental management, at (202) 662-8533.