Open Burning

Greg WillsonAbout 1 min

Municipal solid waste incineration has a long and controversial history in the United States, and several legal cases have shaped public policy and public opinion on this method of waste management.

Some of the most notable legal cases related to municipal solid waste incineration in the United States include:

  1. New York City vs. U.S. Environmental Protection Agency (EPA) (1978): This case challenged the EPA's decision to grant New York City a waiver from federal air pollution standards, allowing the city to construct and operate a waste-to-energy incinerator. The case was significant because it established the EPA's authority to regulate air pollution from municipal waste incineration.

  2. City of Milwaukee vs. EPA (1988): This case challenged the EPA's decision to grant Milwaukee a waiver from federal air pollution standards, allowing the city to operate a waste-to-energy incinerator. The case was significant because it established the principle that waste-to-energy incinerators must meet the same federal air pollution standards as other sources of air pollution.

  3. City of Philadelphia vs. New Jersey (1978): This case challenged the practice of shipping waste from Philadelphia to New Jersey for incineration, arguing that the waste was a public nuisance and posed a threat to public health and the environment. The case was significant because it helped to raise public awareness about the potential impacts of waste incineration and influenced the development of more stringent regulations for waste management.

  4. Waste Management of New York vs. Citizens for a better environment (2000): This case challenged the approval of a waste-to-energy incinerator in Staten Island, New York, on the grounds that the facility would pose a threat to public health and the environment. The case was significant because it helped to galvanize public opposition to waste incineration and led to the adoption of more stringent environmental regulations for waste management.

These and other legal cases have had a significant impact on public policy and public opinion related to municipal solid waste incineration in the United States. They have helped to establish the principle that waste-to-energy incineration must meet strict environmental standards, and have encouraged the development of alternative methods of waste management, such as recycling and composting.