Plain-English summary
Court will decide if states can run hazardous-waste permits for federal facilities under RCRA
The Court will decide whether the Environmental Protection Agency (EPA) may authorize states and territories to run permitting programs for hazardous-waste treatment facilities located on federal property, including facilities operated by the Air Force. The case was granted from the Ninth Circuit and is pending briefing on the merits.
Why this matters
The decision will determine whether federal facilities can be subject to state-issued hazardous-waste permits and state oversight when EPA authorizes a state program under RCRA. That outcome affects who sets and enforces pollution controls at military bases, federal labs, and other federal sites—potentially shifting permitting authority, cleanup responsibilities, and costs between federal and state governments.
Who may feel it
- Federal agencies that operate hazardous-waste treatment or disposal facilities (e.g., military bases)
- State and territorial environmental regulators
- Local communities near federal facilities
- Businesses and contractors working with federal facilities
- Environmental and public-health advocacy groups