was a panelist at this webinar hosted by the Environmental Law
On January 14, 2015, the Eastern District of Washington held that Cow Palace
Dairy LLC is liable under the Resource Conservation and Recovery Act (RCRA) for
storing, applying and managing manure in a way that poses a substantial and
imminent endangerment to public health in violation of open dumping provisions.
This opinion is significant because it defines Cow Palace’s manure as solid
waste under RCRA. The court focused on the manner in which Cow Palace stored and
used the manure to determine that RCRA exemptions, such as the agricultural
waste exemption for fertilizer, did not apply.
ELI presented a dynamic discussion on the definition of solid waste
under RCRA. What are the confines or lack thereof for the definition of solid
waste? Why can the same byproduct, in this case manure, be regulated waste in
one case and unregulated fertilizer in a separate case? What does this case mean
for RCRA practitioners, the regulated industry, non-profit advocacy and
government regulation moving forward?
For more details, please visit