City of Chicago v. Environmental Defense Fund
United States Supreme Court
511 U.S. 328 (1994)
Relevant factsFree
The Environmental Defense Fund (plaintiff) sued the City of Chicago and officials (defendants), alleging that ash from its municipal waste incineration was toxic enough to qualify as "hazardous waste" under RCRA Subtitle C, while the city argued RCRA's § 3001(i) exemption for energy-recovery facilities incinerating nonhazardous waste covered the entire process, including any resulting ash. The district court agreed with the city and granted summary judgment; the court of appeals reversed, and the Supreme Court granted certiorari.
IssueFree
Whether the Resource Conservation and Recovery Act of 1976 exempts a generator of hazardous waste ash from regulation under the statute.
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