Question: RCRA regulations defining solid waste state that a solid waste is any discarded material. The EPA issued a new regulation classifying reclaimed mineral-processing materials destined

RCRA regulations defining solid waste state that a “solid waste is any discarded material.” The EPA issued a new regulation classifying reclaimed mineral-processing materials destined for recycling as regulated “solid waste.” These reclaimed materials are stored in tanks and containers before they are recycled. Industry groups representing most U.S. producers of steel, metal, and coal and most industrial miners challenged the new regulations. They argued that by allowing the materials stored before recycling to be considered waste, the rule conflicts with RCRA’s definition of waste as discarded materials. How should the court rule? [Ass’n of Battery Recyclers v. EPA, 208 F.3d 1047 (D.C. Cir. 2000).]


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