Community Association for Restoration of the Environment, et al. v. Bosma Dairy, et al., No. 13-CV-3019-TOR, 2013 U.S. Dist. LEXIS 87758 (E.D. Wash. Jun. 21, 2013)

(defendants, dairies, handled cow manure by converting it to compost and selling it, applying it as fertilizer to fields, and storing in lagoons until land application could be made; plaintiffs, environmental activist groups, claimed that manure constituted solid waste regulable under RCRA as being applied ("discarded") to farm fields at rates above acceptable agronomic rates and leaking from lagoons; defendants motioned for summary judgment, but court denied motion on basis that plaintiff's complaint contained well-plead allegations that defendants over-applied and improperly applied manure to fields and allowed it to leak from lagoons in manner that constituted a "discarding" of the manure which triggered RCRA "solid waste" provisions; court noted other courts providing framework for determining when reused material is "discarded" - Safe Air for Everyone v. Meyer, 373 F.3d 1035 (9th Cir. 2004) and Ecological Rights Foundation v. Pacific Gas & Electric Co., 713 F.3d 502 (9th Cir. 2013); court also noted Water Keeper Alliance, Inc. v. Smithfield Foods, Inc, No. 4:01-LV-27-H(3), 2001 U.S. Dist. LEXIS 21314 (E.D. N.C. Sept. 20, 2001) where court refused to dismiss RCRA claim that manure applied to fields at cattle feedlots were a solid waste). 

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