9th Circuit Reverses Broad Read Of RCRA Anti-Duplication Provision

摘要

The U.S. Court of Appeals for the 9th Circuit has reversed a district court decision that broadly interpreted the Resource Conservation & Recovery Act's (RCRA) anti-duplication provision, finding that the lower court had overreached when it ruled that the Clean Water Act (CWA) categorically preempts RCRA claims. The Nov. 2 unanimous ruling by a three-judge panel of the 9th Circuit in Ecological Rights Foundation (ERF) v. Pacific Gas & Electric Company (PG&E) finds that the lower court erred in applying the RCRA anti-duplication measure to a stormwater pathway, as there was no requirement for PG&E to obtain a water permit in the case and therefore it could not be inconsistent with RCRA. The ruling is available on InsideEPA.com. (Doc. ID: 206637)