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CITY OF CHICAGO v. ENVIRONMENTAL DEFENSE FUND

No. 92-1639.

511 U.S. 328 (1994)

CITY OF CHICAGO et al. v. ENVIRONMENTAL DEFENSE FUND et al.

United States Supreme Court.

Decided May 2, 1994.

Attorney(s) appearing for the Case

Lawrence Rosenthal argued the cause for petitioners. With him on the briefs were Susan S. Sher, Benna Ruth Solomon, and Mardell Nereim.

Jeffrey P. Minear argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Flint, Deputy Solicitor General Wallace, David C. Shilton, M. Alice Thurston, Gerald H. Yamada, and Lisa K. Friedman.

Richard J. Lazarus argued the cause and filed a brief for respondents.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Stevens, J., filed a dissenting opinion, in which O'Connor, J., joined, p. 340.

Justice Scalia, delivered the opinion of the Court.

We are called upon to decide whether, pursuant to § 3001(i) of the Solid Waste Disposal Act (Resource Conservation and Recovery Act of 1976 (RCRA)), as added, 98 Stat. 3252, 42 U. S. C. § 6921(i), the ash generated by a resource recovery facility's incineration of municipal solid waste is exempt from regulation as a hazardous waste under Subtitle C of RCRA.

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