Recent D.C. Circuit Decision and Definition of Solid Waste

Stephen C. Zumbrun and Frank L. Tamulonis

In American Petroleum Institute (“API”) v. Environmental Protection Agency (“EPA”), 2017 WL 2883867 (D.C. Cir. July 7, 2017), the D.C. Circuit upheld, severed, and vacated portions of a 2015 EPA final rule, Definition of Solid Waste, 80 Fed. Reg. 1,694, 1,738/3 (Jan. 13, 2015) (the “Final Rule”). As explained below, the court: 1) upheld “Factor 3” of the “legitimate recycling” test defined in the rule; 2) vacated “Factor 4” of the legitimate recycling test; 3) vacated the Verified Recycler Exclusion (“VRE”), thereby reinstating the Transfer Based Exclusion (“TBE”) while retaining emergency preparedness requirements for generators and expanded containment requirements; and 4) held that the court did not have jurisdiction to review a deferred action by the EPA on containment and notification conditions for materials, products, or processes specifically excluded from the definition of “solid waste.” Continue reading “Recent D.C. Circuit Decision and Definition of Solid Waste”

Blank Rome Launches Energy and Environmental Blog

Margaret A. Hill and Kevin J. Bruno

We are pleased to announce the launch of our new blog, Energy and Environmental Trends Watch, which will provide insight and analysis on the latest developments in energy and environmental law.

“Energy and environmental law are two of the most demanding practice areas for attorneys and clients due to nonstop developments in the energy industry and environmental activism,” said Margaret A. Hill, co-chair of the Firm’s Energy, Environment, and Mass Torts practice group. “Although the ever-changing landscape can be difficult to monitor, our seasoned attorneys have the necessary depth and knowledge to identify issues and cases in our blog that will enable you to better understand significant developments in these industries.”

“There is no question that we live in interesting, yet challenging, times in the energy space and our environmental regulatory scheme,” added Kevin J. Bruno, co-chair of the Firm’s Energy, Environment, and Mass Torts practice group. “We hope our blog can be a useful tool for our clients in being made aware of and understanding the latest trends in these areas.”

Our Energy and Environmental Capabilities
Blank Rome’s energy practice offers a full range of energy industry-specific services. With more than 60 attorneys practicing across the United States, the group provides strategic and forward-looking insight into an ever-evolving industry while also understanding the unique business concerns of our clients. Likewise, Blank Rome’s nationally recognized environmental practice covers every substantive area of environmental law. The group provides counsel to clients in every major business sector, municipal and county governments, and redevelopment authorities. Both groups are comprised of attorneys who bring a wealth of experience from diverse backgrounds in industry and government. The teams include former U.S. Secretary of Energy, former trial attorneys from the Department of Justice, former officials of the Environmental Protection Agency, and former assistant United States attorneys.

For more information, please contact us or visit Blank Rome’s Energy or Environmental practice pages. 

United States Court of Appeals for the District of Columbia Circuit Vacates EPA’s Stay of Compliance Deadlines of Methane Rule

Amy L. Barrette

On July 3, 2017, in a 2-1 opinion, the United States Court of Appeals for the District of Colombia Circuit granted a petition by several environmental organizations that sought to vacate the Environmental Protection Agency’s (“EPA”) decision to stay the methane rule. In vacating the EPA’s stay, the Court concluded that the EPA lacked authority under the Clean Air Act (“CAA”) to stay the rule. Continue reading “United States Court of Appeals for the District of Columbia Circuit Vacates EPA’s Stay of Compliance Deadlines of Methane Rule”