United States v. Marine Shale Processors

81 F.3d 1361 (1996)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

United States v. Marine Shale Processors

United States Court of Appeals for the Fifth Circuit
81 F.3d 1361 (1996)

  • Written by Tammy Boggs, JD

Facts

For decades, Southern Wood Piedmont Company (SWP) treated wood with chemical preservatives, leaving behind acres of contaminated soil. In 1985, SWP closed its facilities. SWP sought to avoid environmental regulation by recycling its contaminated soil into a product that would be covered by a regulatory exemption. The exemption, known as the product rule, was promulgated by the Environmental Protection Agency (EPA) under the Resource Conservation and Recovery Act (RCRA). SWP contracted with Martin Shale Processors (MSP) (defendant) to process SWP’s contaminated soil into a product. Using a thermal-treatment process, MSP purported to be a legitimate recycler of hazardous waste. The United States (plaintiff) initiated an action, alleging that MSP’s product, supposedly reclaiming SWP’s hazardous waste, did not qualify for a recycling exemption. The district court entered a judgment declaring that material produced by MSP from SWP’s material was exempt from regulation, despite a jury’s inability to resolve several factual questions related to the legitimacy of MSP’s recycling process. The United States appealed.

Rule of Law

Issue

Holding and Reasoning (Higginbotham, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership