Air Force Seeks To Reverse Precedent Subjecting RCRA Permits To NEPA

The Air Force is asking the 9th Circuit to reconsider a divided panel decision that reinstated environmentalists’ suit seeking to require the service to review its Resource Conservation and Recovery Act (RCRA) permit request for open burn/open detonation (OB/OD) of waste explosives under the National Environmental Policy Act (NEPA). In an April 30 petition for panel rehearing or rehearing en banc in Prutehi Litekyan: Save Ritidian v. U.S. Department of the Air Force , the Air Force argued that...