January 2005

Court approves amicus brief filed by SWANA and NSWMA

Silver Spring, MD— The Solid Waste Association of North America (SWANA) and the National Solid Wastes Management Association (NSWMA), have been granted permission by the U.S. Court of Appeals for the District of Columbia to file a joint amicus (friend of the Court) brief to defend the U.S. Environmental Protection Agency’s (EPA) Final Rule on Research, Development, and Demonstration Permits for Municipal Solid Waste Landfills, issued in March 2004.   The amicus brief filing by SWANA and NSWMA was opposed by the Petitioner in the lawsuit, the Grassroots Recycling Network (GRRN) on the grounds that the two organizations did not have a related interest in the proceedings.

SWANA executive director and CEO John H. Skinner, Ph.D. in commenting on the ruling, said:  “We are very pleased that the court granted our request to file this brief.  It is very important to be able to carry our research and development activities in order to improve landfill practices.”

Bruce Parker, President and CEO of NSWMA, remarked, “The joint brief will provide the court with the waste industry’s perspective on why the RD&D rule will encourage new and innovative technologies at landfills that will benefit not only landfill owners, but their customers and the general public.”

The RD&D rule allows states to issue variances from certain landfill criteria in order to foster innovation in landfill technology, providing such variances do not increase risk to human health and the environment.  GRRN has filed a petition for judicial review with the U.S. Court of Appeals for the District of Columbia Circuit.  The case is U.S. Court of Appeals District of Columbia Circuit No. 04-1196. To read the final rule, visit EPA’s website at http://www.epa.gov/epaoswer/non-hw/muncpl/mswlficr/index.htm.


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