On September 16, 1999, WLF scored a major victory when the U.S. Court of Appeals for the Eighth Circuit declared unlawful EPA’s controversial practice of “overfiling,” whereby EPA seeks additional penalties against companies for certain environmental violations, even though State authorities have resolved the matter. WLF argued in its brief, and the court of appeals agreed, that RCRA’s statutory structure and principles of federalism preclude EPA from enforcing Missouri law. If EPA is dissatisfied with Missouri’s enforcement practice, EPA’s only recourse is to formally withdraw the State’s authorization under RCRA.
