Related Practices
Related Practices
Related Industries
Related Industries

Hazardous Waste/RCRA

Beveridge & Diamond, P.C. has helped clients resolve and avoid solid and hazardous waste problems under the Resource Conservation and Recovery Act (RCRA) and its state counterparts for over 30 years. We represent a highly diverse set of clients on a wide range of issues:

  • from disposal of the smallest spent batteries to reuse/recycling operations at the largest and most complex chemical and pharmaceutical production facilities;
  • from cleanups at century-old mining and steel facilities to take-back and recycling of the latest computers and telecommunications equipment;
  • in virtually all states and territories, on sea-going vessels and in international venues; and
  • for multinational corporations, small startup companies throughout the United States and trade associations in the nation’s capital.

Counseling. The Firm counsels clients on the full range of RCRA compliance issues, whether that entails identifying regulatory exemptions that allow a facility to operate without any changes, obtaining necessary permits or approvals, or determining how a facility can modify its operations to comply with regulations in a least-cost fashion. We also help companies develop new products and services ( e.g. , product stewardship or take-back programs) that reduce the regulatory burdens on their customers. In addition, we assist clients with site cleanup issues under the RCRA corrective action program.

Rulemaking and Rulemaking Challenges. We have unequaled experience and success in litigating RCRA rulemaking challenges in the appellate courts. Among our victories are the following:

  • Association of Battery Recyclers v. U.S. Environmental Protection Agency , 208 F.3d 1047 (D.C. Cir. 2000). We briefed and argued the successful challenge to EPA’s expanded definition of solid waste for the mineral processing industry.
  • Edison Electric Institute v. U.S. Environmental Protection Agency , 2 F.3d 438 (D.C. Cir. 1993). We convinced the D.C. Circuit to strike down the use of the Toxicity Characteristic Leaching Procedure (TCLP) to determine the toxicity of mineral processing wastes.
  • Horsehead Resource Development v. Environmental Protection Agency , 130 F.3d 1090 (D.C. Cir. 1997). We defeated a challenge to a hazardous waste delisting that our client had obtained.

We have also worked with EPA and state agencies to obtain regulatory relief through exemptions, variances and delistings.

Corrective Action .  The Firm has represented clients on all aspects of the RCRA corrective action program since its inception.  This work has included rulemaking comments on, and judicial challenges to, EPA’s corrective action regulations, counseling on the applicability of corrective action requirements, negotiation and implementation of interim status corrective action orders, appeals of corrective action permit requirements, and crafting of optimal corrective action permit provisions in transactional contexts.

Enforcement. The Firm has successfully defended countless RCRA civil, criminal and administrative enforcement actions brought by EPA and the states. In many cases, we have obtained dismissal of the actions, while in others we have negotiated highly favorable settlements, including up to 90% reductions in proposed penalties.

RCRA Citizen Suits .  We have represented a number of clients across the country in RCRA citizen suits involving alleged hazardous waste regulatory violations and/or imminent and substantial endangerment claims.  That work extends from preparing responses to notices of intent to sue to preparing cases for trial.  Our familiarity with the defenses available in response to such claims has often allowed us to dispose of those claims on preliminary motions.

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