Environmental And Energy Law Section RCRA Update

Recorded 4/13/2017

Cost: Section Members: $85, NYSBA Members: $100, Non-Members: $125
This program has been approved for up to 3.0 MCLE credit hours in Professional Practice – Non-Transitional.
The Resource Conservation and Recovery Act (RCRA), which was passed by Congress in 1976, brought a much-needed “cradle to grave” tracking of hazardous waste and introduced a remediation program that parallels remediation schemes found under federal and state superfund programs. RCRA is among the list of federal programs that can be delegated to the states and New York has a delegated RCRA program administered by the New York State Department of Environmental Conservation (NYSDEC) that has a number of unique New York provisions.
RCRA was originally focused on ongoing manufacturing operations, but it has since evolved on both the federal and state levels so that it can apply to a broad universe of properties. RCRA obligations may be triggered at brownfield sites and purchasers of commercial property may unwittingly find themselves having to comply with generator closure obligations of a former business.
An understanding of the nuances of RCRA regulatory requirements, remediation and enforcement is critical to the environmental law practitioner. Yet, it is often difficult to find a CLE program that offers the kind of guidance that attorneys need to assist the regulated community with RCRA regulatory compliance and corrective action situations. Thus, the Environmental Law Section is pleased to provide the Section members with a unique opportunity to gain insights on current RCRA topics from both federal and state representatives and submit questions in what is often an arcane area of environmental law.