Judges' Procedural Queries May Limit Reach Of RCRA Liability 'Shield' Suit

Appellate judges at oral arguments focused on procedural questions about whether a lower court erred in dismissing a suit testing when a Clean Water Act (CWA) permit can “shield” dischargers from separate Resource Conservation & Recovery Act (RCRA) mandates, which could lead to a limited ruling avoiding the merits of the claim. The pending U.S. Court of Appeals for the 4th Circuit case, Goldfarb, et al. v. Mayor and City Council of Baltimore, et al. , is seen as a...