Appeals Court Upholds EPA's RD&D Rule

The United States Court of Appeals for the District of Columbia, on Monday, January 23, 2006 denied a petition filed by the GrassRoots Recycling Network (GRRN) for a rehearing on GRRN's challenge to EPA's Research, Development and Demonstration (RD&D) Rule. The Court denied both a rehearing by the three judge panel that originally heard the case and a hearing en banc by the full 18 judge ensemble.

The RD&D rule, which allows state landfill permitting programs to issue permits to facilities that conduct research and development on landfills, was challenged by the GrassRoots Recycling Network (GRRN) in 2004. This challenge was denied by the U.S. Court of Appeals due to a lack of standing by GRRN in November 2005.

In August of 2004, the Solid Waste Association of North America (SWANA) and the National Solid Wastes Management Association (NSWMA) submitted a joint amicus brief (friend of the Court) in support of the EPA's Final Rule on RD&D Permits for Municipal Solid Waste Landfills.

SWANA Executive Director and CEO, John H. Skinner, Ph.D. commented on the continued success of this issue in the courts, saying "This recent court action is consistent with SWANA's position that the EPA's issuance of the RD&D rule was sound public policy."

Bruce Parker, President and CEO, NSWMA added, "The sooner states begin to permit new and proven technologies, the better."

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SWANA and NSWMA represent companies and professionals in the solid waste and recycling industries. SWANA is a professional education association in the solid waste management field with members from both the public and private sectors. NSWMA is a not-for-profit trade association representing private sector solid waste collection, disposal and recycling companies.