ELR Citation: 43 ELR 20033
No(s). 12-10325 (11th Cir. Feb 5, 2013)

The Eleventh Circuit, in an unpublished opinion, held that recycled carpet waste, known as carpet selvedge, is a "recovered material" that has the potential for reuse and not a solid waste under RCRA or Georgia law. Accordingly, a carpet manufacturer that sent carpet selvedge to a site for recycling is not liable for property losses incurred at the site under federal or state law. The fact that the selvedge was not recycled, but instead was stored on site, does not prevent it from qualifying as a recovered material.