42 U.S.C. § 6941
Objectives of subchapter
The objectives of this subchapter are to assist in developing and encouraging methods for the disposal of solid waste which are environmentally sound and which maximize the utilization of valuable resources including energy and materials which are recoverable from solid waste and to encourage resource conservation. Such objectives are to be accomplished through Federal technical and financial assistance to States or regional authorities for comprehensive planning pursuant to Federal guidelines designed to foster cooperation among Federal, State, and local governments and private industry. In developing such comprehensive plans, it is the intention of this chapter that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs, including those needs created by thorough implementation of section 6962(h) of this title, of the recycling and resource recovery interest within the area encompassed by the planning process.
Notes of Decisions
Cited in 48
cases (2 in the last 5 years), 1981–2024 · leading case: C & a Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383 (1994).
C & a Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383 (1994). “In addition to providing specific federal standards for the management of solid waste, RCRA Subchapter IV governs "State or Regional Solid Waste Plans.”
Adkins v. VIM Recycling, Inc., 644 F.3d 483 (7th Cir. 2011). “See 42 U.S.C. § 6941 . [3] See Indiana's Solid Waste Management Plan, approved by the EPA and codified in the Indiana Code in section 13-20 and in Title 328 of the Indiana Administrative Code.”
Resource Investments, Inc. v. United States, 85 Fed. Cl. 447 (Fed. Cl. 2009). “3d at 1163-64 (“We hold that the construction of a municipal solid waste landfill on a wetlands site is regulated by the Environmental Protection *517 Agency (EPA) or states with solid waste permit programs approved by the EPA under the Resource Conservation and Recovery Act…”
O'LEARY v. Moyer's Landfill, Inc., 523 F. Supp. 642 (E.D. Pa. 1981). “§§ 6921-31 , and the “solid waste” provisions at Subtitle D (Chapter IV), 42 U.S.C. §§ 6941 et seq. The complaint sought declaratory judgment and enforcement of RCRA’s requirement that notification be given to EPA of the storage or disposal of hazardous waste, and enforcement of…”
Beavers v. Cnty. of Walker, 645 So. 2d 1365 (Ala. 1994). “2 42 U.S.C. § 6941 et seq. 3 Subtitle D of RCRA ordered the EPA to promulgate new regulations on solid waste management, resulting in the promulgation of 40 C.”
Seattle Times Co. v. Leathercare, Inc., 337 F. Supp. 3d 999 (W.D. Wash. 2018). “at 59, which would exempt the excavated soil from classification as "dangerous waste" and permit disposal of the contaminated material at a landfill facility operating pursuant to Subtitle D of the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §§ 6941 -…”
Waste Mgmt. Holdings, Inc. v. Gilmore, 252 F.3d 316 (4th Cir. 2001). “The Defendants next argue that in enacting Subchapter IV of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. §§ 6941 -6949a, Congress intended to authorize a state to dis- criminate against MSW generated outside that state, thus overriding the dormant…”
Dispos. Solutions-landfill v. Town of Lowndesboro, 837 So. 2d 292 (Ala. Civ. App. 2002). “This legislation was enacted in response to the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6941 et seq. ("RCRA"). The purpose of RCRA was to assist and to encourage the development of comprehensive state, local, and regional planning for solid-waste management.”
Resource Investments, Inc. v. United States, 785 F.3d 660 (Fed. Cir. 2015). “The district court upheld the Corps’ denial of the permit under the APA, but the Ninth Circuit reversed, finding that the Corps lacked authority to require a CWA permit because, under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6941 -6949a, the regulation of…”
Am. Iron & Steel Inst. v. U.S. Env't Prot. Agency, Am. Petroleum Inst., Edison Elec. Inst., Intervenors, 886 F.2d 390 (D.C. Cir. 1989). “…with primary enforcement by the states. RCRA § 4001-09; 42 U.S.C. §§ 6941-49 (current version at RCRA §§ 4001-10, 42 U.S.C. § 6941 -49a (1982 & Supp. IV 1986) 1 ). See generally United Technologies Corp. v. EPA, 821 F.2d 714 (D.C.Cir.1987); Environmental Defense Fund v.…”
Friends of Santa Fe Cnty. v. LAC Minerals, Inc., 892 F. Supp. 1333 (D.N.M. 1995). “In lieu of subtitle C regulation, the EPA elected to regulate mining wastes from extraction and beneficiation under subtitle D, 42 U.S.C. §§ 6941 -6949a. Id. at 24,501 .”
Edison Elec. Inst. v. United States Env't Prot. Agency, 2 F.3d 438 (D.C. Cir. 1993). “Solid wastes that are not identified as hazardous are subject to the less stringent requirements of RCRA Subtitle D, 42 U.S.C. §§ 6941 -6949a. EDF I, 852 F.2d at 1310.”
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