Eco-Industrial Development and the Resource Conservation and Recovery Act: Examining the Barrier Presumption

Abstract

Environmental regulation certainly has its supporters and its critics, but even the most ardent environmentalists recognize that regulation alone has not solved all environmental problems. Creative alternatives in land-use, pollution reduction, and sustainable development are continuously proposed and debated. One possible solution that bodes well for pollution reduction, or even prevention, has been the concept of eco-industrial development (EID). EID describes a closed-loop industrial cycle where generated materials or by-products are returned to the manufacturing process, either used by another facility, or as feedstock for the production of other products. It has been argued, usually by the regulated community, that environmental regulations create unnecessary impediments to creative solutions like EID. The Resource Conservation and Recovery Act (RCRA) regulations are often cited as the most obstructing. This Note examines whether RCRA creates barriers, and if so, to what extent RCRA regulations complicate EID in the United States.