Plain-English summary
Can EPA let states/territories issue hazardous-waste permits covering federal facilities under RCRA?
The case asks whether the Resource Conservation and Recovery Act (RCRA) allows the Environmental Protection Agency to approve state or territorial permitting programs that regulate hazardous-waste treatment facilities operated by the federal government. The government challenges a Ninth Circuit decision limiting that authority; the Court has agreed to decide the legal scope of EPA authorization under RCRA.
Why this matters
The decision will determine whether state and territorial regulators can require federal facilities to obtain hazardous-waste permits and comply with local permitting rules. That affects environmental protection, federal-state relations, and how federal facilities are regulated across the country and territories.
Who may feel it
- Federal agencies that operate hazardous-waste facilities (e.g., military bases)
- State and territorial environmental regulators (seeking to implement permitting programs)
- Local communities near federal facilities concerned about hazardous waste
- Businesses and contractors that operate or service federal hazardous-waste facilities
Key questions
- Does RCRA permit EPA to authorize state or territorial hazardous-waste permitting programs that apply to federal facilities?