Industry Sees EPA Shift On RCRA Interpretation Of CO2 As 'Solid Waste'

Industry groups that are seeking to vacate EPA's finding that carbon dioxide (CO2) is a “solid waste” under the Resource Conservation & Recovery Act (RCRA) say the agency should not be entitled to deference on its interpretation under the Supreme Court's Chevron doctrine, charging that EPA reversed its position without considering the issue in a “detailed and reasoned fashion” as Chevron requires. In a reply brief filed Dec. 18 in Carbon Sequestration Council (CSC), et al. v. EPA...