Plain-English summary
Does RCRA let EPA authorize states to permit hazardous-waste facilities run by the federal government?
The Court will decide whether the Resource Conservation and Recovery Act (RCRA) allows the EPA to approve state or territorial programs that regulate hazardous-waste treatment facilities operated by the federal government, including on military bases. The question comes from a Ninth Circuit ruling and was accepted for review in March 2026.
Why this matters
The decision will affect who controls environmental permits for hazardous-waste operations on federal property. That affects environmental protection, cleanup responsibilities, operational flexibility of federal facilities (including military bases), and the balance between federal immunity and state regulatory power.
Who may feel it
- Federal agencies that operate hazardous-waste treatment facilities (e.g., Department of Defense, Air Force)
- State and territorial environmental regulators and agencies
- Communities near federal installations that handle hazardous waste
- Businesses and contractors working with federal facilities on waste treatment and cleanup
- Environmental groups and public-health advocates