Question: Congress gave the EPA the power in RCRA to regulate solid wastes. The EPA declared that this includes materials that are being recycled. This was
Congress gave the EPA the power in RCRA to regulate "solid wastes." The EPA declared that this includes materials that are being recycled.
This was challenged as incorrect, that Congress meant the regulation of materials being discarded or disposed of, not materials being reused.
Which position would seem logical?
[American Mining Congress v. EPA, 824 F.2d 1177, D.C. Cir. (1987)]
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