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Big Changes For The Solid Waste Rule: Practical Impact Of New D.C. Circuit Court Ruling On EPA's 2015 Final Rule

Webinar: ID# 1026188
Recorded On-Demand
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About This Course:
Learn how the ruling of American Petroleum Institute v. EPA will affect your organization’s adherence to the EPA’s 2015 Definition of Solid Waste Rule under RCRA.

A new ruling by the D.C. Circuit Court of Appeals is likely to change, in a major way, the way hazardous waste and hazardous secondary materials are recycled, and who recycles them under the Resource Conservation and Recovery Act (RCRA). The court vacated part of the EPA’s final Definition of Solid Waste Rule, and made changes to other critical aspects of the rule. The major consequences of the court’s ruling are that most of the provisions for the final rule’s Verified Recycler Exclusion were vacated and one of the four factors in the final rule’s legitimacy test criteria is no longer valid.

This is a big development that environmental managers need to know about, as it’s important to know precisely what the court’s ruling does and doesn’t do (the court upheld part of the EPA rule in this ruling).

Join us for an in-depth webinar on how the court’s ruling in American Petroleum Institute v. EPA will impact your compliance obligations under the Definition of Solid Waste final rule.

You’ll learn:
  • Which of the four factors in the EPA’s legitimacy test criteria stand—and which one the court vacated—and the practical impact of the court’s ruling on differentiating between legitimate and sham recycling of hazardous secondary materials
  • Which provisions of the Verified Recycler Exclusion remain –and what requirements replaced the vacated elements of that exclusion
  • Whether hazardous secondary materials intended for recycling must still be managed as valuable commodities
  • The regulatory fate of spent catalysts and other byproducts
  • Expected next steps
About Your Presenter:

Lawrence Falbe, Esq.
Principal
Miller Canfield Paddock Stone, PLC

Lawrence “Larry” Falbe is a Chicago-based environmental attorney who focuses on environmental transactional support of real estate and corporate deals, environmental defense and litigation, Brownfields issues, environmental regulatory compliance and energy development/facility siting.

He has more than 20 years of experience reviewing and analyzing Phase I and Phase II assessments to satisfy due diligence requirements, obtaining No Further Remediation Letters, evaluating the cost/benefit of transactions, and advising clients on potential liability and remediation issues. He also has substantial litigation and regulatory experience involving environmental issues, including CERCLA (Superfund), FIFRA, EPCRA, RCRA (hazardous waste), toxic torts, Clean Water and Clean Air Acts, underground storage tanks, and nuclear fuel processing. He has represented clients involved in enforcement actions by federal, state, and local authorities, and negotiated numerous compliance programs, consent decrees, and settlements. Among other matters, Mr. Falbe defended an industrial client in an administrative action brought by U.S. EPA under RCRA, in which U.S. EPA demanded a seven-figure civil penalty for alleged violations of the regulations governing hazardous waste and industrial by-products, and which action culminated in a three-week administrative hearing.

Mr. Falbe has also published a number of articles on a wide variety of environmental issues and is a frequent lecturer on due diligence and environmental liability concerns. As an adjunct professor at Northwestern University School of Law, he has taught a course that he personally created, "Environmental Considerations in Commercial and Real Estate Transactions," as part of NU's "Structuring Transactions" course series.

A strong supporter of diversity in the legal community, Mr. Falbe has a long history of mentoring, training, and supporting diverse associates. He is also active in local politics in Lake County, Illinois, and serves on the board of directors of numerous private and public organizations, including the Illinois Enterprise Zone Board and the METRA Citizens’ Advisory Board. He is also Vice-President of the Illinois Association of Environmental Professionals (IAEP).
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Big Changes For The Solid Waste Rule: Practical Impact Of New D.C. Circuit Court Ruling On EPA's 2015 Final Rule
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