Dale Mullen Quoted in Law360 on Important Clean Water/Solid Waste Case

May 14, 2015

The May 12 article, titled “Cow Palace Deal A Harbinger Of Increased Waste Scrutiny,” discusses the increased regulation and litigation likely to result from a recent groundwater contamination case involving three dairies and various environmental groups. Based on environmentalists’ arguments, a federal judge in Washington state ruled that the requirements of the Resource Conservation and Recovery Act (RCRA), typically viewed as a solid waste law, also apply to land application of manure.

In quoted and paraphrased material, Dale says courts traditionally have rejected attempts to impose RCRA liability by defining as “discarded” certain materials such as manure, which often are applied for practical purposes, like fertilizing soil. Dale says he doubts the interpretation was Congress’ intent in passing the law. Subscribers can read the full text of the article at www.law360.com.

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