Kevin Minoli, head of Alston & Bird’s Environmental, Land Use & Natural Resources Group in Washington, D.C. and former acting general counsel of the Environmental Protection Agency (EPA), was quoted in an Inside EPA article, “Justices’ Procedural Focus May Avoid Ruling on NEPA, Waste Law Conflict” (subscription required), discussing whether the Supreme Court will resolve a dispute over the interplay between the Resource Conservation and Recovery Act (RCRA) and the National Environmental Policy Act (NEPA).
Kevin said the justices appeared likely to conclude that the permit application was not a final agency action subject to judicial review. “The much closer questions are whether a majority of the Court agrees that RCRA supplants NEPA and whether the Court’s decision will reach that question,” he said.