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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- CITY OF CHICAGO et al. v. ENVIRONMENTAL
- DEFENSE FUND et al.
- certiorari to the united states court of appeals for
- the seventh circuit
- No. 92-1639. Argued January 19, 1994-Decided May 2, 1994
-
- Respondent Environmental Defense Fund (EDF) sued petitioners, the
- city of Chicago and its Mayor, alleging that they were violating
- the Resource Conservation and Recovery Act of 1976 (RCRA) and
- implementing regulations of the Environmental Protection Agency
- (EPA) by using landfills not licensed to accept hazardous wastes as
- disposal sites for the toxic municipal waste combustion (MWC) ash
- that is left as a residue when the city's resource recovery incin-
- erator burns household waste and nonhazardous industrial waste
- to produce energy. Although it was uncontested that, with respect
- to the ash, petitioners had not adhered to any of the RCRA Subti-
- tle C requirements addressing hazardous wastes, the District
- Court granted them summary judgment on the ground that
- 3001(i) of the Solid Waste Disposal Act, a provision within RCRA,
- excluded the ash from those requirements. The Court of Appeals
- disagreed and reversed, but, while certiorari was pending in this
- Court, the EPA issued a memorandum directing its personnel, in
- accordance with the agency's view of 3001(i), to treat MWC ash
- as exempt from Subtitle C regulation. On remand following this
- Court's vacation of the judgment, the Court of Appeals reinstated
- its previous opinion, holding that, because the statute's plain
- language is dispositive, the EPA memorandum did not affect its
- analysis.
- Held: Section 3001(i) does not exempt the MWC ash generated by
- petitioners' facility from Subtitle C regulation as hazardous waste.
- Although a pre-3001(i) EPA regulation provided a ``waste stream''
- exemption covering household waste from generation through treat-
- ment to final disposal of residues, petitioners' facility would not
- have come within that exemption because it burned something in
- addition to household waste; the facility would have been consid-
- ered a Subtitle C hazardous waste generator, but not a (more
- stringently regulated) Subtitle C hazardous waste treatment,
- storage, and disposal facility, since all the waste it took in was
- nonhazardous. Section 3001(i) cannot be interpreted as extending
- the pre-existing waste-stream exemption to the product of a com-
- bined household/nonhazardous-industrial treatment facility such as
- petitioners'. Although the section is entitled ``Clarification of
- household waste exclusion,'' its plain language-``A resource recov-
- ery facility . . . shall not be deemed to be treating, storing, dispos-
- ing of, or otherwise managing hazardous wastes for the purposes
- of [Subtitle C] regulation . . . if . . . such facility . . . receives and
- burns only . . . household waste . . . and [nonhazardous industrial]
- waste . . .''-establishes that its exemption is limited to the facility
- itself, not the ash that the facility generates. The statutory text's
- prominent omission of any reference to generation, not the single
- reference thereto in the legislative history, is the authoritative
- expression of the law. The enacted text requires rejection of the
- Government's plea for deference to the EPA's interpretation, which
- goes beyond the scope of whatever ambiguity 3001(1) contains.
- Pp. 3-10.
- 985 F. 2d 303, affirmed.
- Scalia, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and Blackmun, Kennedy, Souter, Thomas, and
- Ginsburg, JJ., joined. Stevens, J., filed a dissenting opinion, in
- which O'Connor, J., joined.
-