9th Circuit Judges Question Categorical CWA Preemption Of RCRA Claims

February 17, 2017
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit at oral argument Feb. 17 raised questions over whether a lower court had overreached when it ruled that the Clean Water Act (CWA) categorically preempts Resource Conservation & Recovery Act (RCRA) claims. The Department of Justice (DOJ), as an amicus party representing the United States in the case, has raised concerns that upholding the lower court's ruling in Ecological Rights Foundation (ERF) v. Pacific Gas &...


Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.