This case came on for hearing on plaintiffs' and defendants' cross

motions for summary judgment.

Briefs were filed herein by the parties.

The court has this day filed its opinion. On consideration thereof,

It is ORDERED that the Interstate Commerce Commission's orders of October 4, 1972 and May 2, 1973 in Ex Parte 281 are vacated and this case is remanded to the Commission for further proceedings consistent with the opinion in this case.

J. SKELLY WRIGHT

UNITED STATES CIRCUIT JUDGE

Charles Michig

CHARLES R. RICHLY

UNITED STATES DISTRICT JUDCE

District Judge Flannery dissents from the foregoing judgment.

R

R

This Recycling Resources symbol is a registered mark of the
National Association of Recycling Industries.

Copyright 1973

Note: Statistical charts and material contained in this publication are based on the NARI

study for EPA, as well as other NARI studies.

RECYCLING:

Guide to Effective Solid Waste Utilization

The 1970's may go down in history as the years of raw material shortages,
energy crises, environmental challenges, and solid waste problems but they
will also be remembered as the Era of Recycling, during which this country
awakened to the fact that recycling conserves raw materials, saves energy, aids
the environment, and reduces the accumulation of solid wastes. That is why
recycling is receiving priority attention by scientists, educators, legislators,
environmentalists, and industrialists.

Recycling represents a constructive program for America's future. This Guideline
booklet has been produced as a general introduction to recycling and contains
some of the basic principles expounded by the National Association of Recycling
Industries since its development of the recycling concept on Earth Day, 1970.

WHY RECYCLING?

Each year more than 200 million tons of solid wastes are collected in the United States at a cost of more than $6 billion. Recycling can substantially reduce this vast accumulation of solid wastes and cut the taxpayer's cost.

Each year brings us nearer to depletion of our raw material resources in this country and greater dependence on imports from other nations. Recycling conserves our natural resources and adds to the vital raw material supplies needed by American industry.

Each year the magnitude of our energy crisis grows. Recycling saves energy and makes possible greater utilization of materials at a lower energy rate.

1. Solid Waste Utilization: The staggering accumulation of waste materials results from an affluent society which discards, after short-term use, much of its products-millions of cans, appliances, autos, household goods. These consumer items, plus the waste generated by industry and government, comprise vast tonnages of metals of all types: paper, textiles, plastics and glass. Some of it is recycled, but most of it is carted off to the dump, or incinerated, or disposed of in rivers and streams.

There is an environmental awareness on every level today which recognizes that the disposal practices of the past are ecologically unsound. The burning of solid wastes invariably leads to air pollution problems, and it has been banned or limited in city after city. Strict laws have been drawn against the discharging of wastes into the nation's waters. The dumping of solid wastes is constantly being challenged as detrimental to environmental management. Landfills are becoming increasingly limited outlets for solid waste disposal.

Little by little we are running out of space and time and money to deal with solid wastes. Municipalities have been carting their wastes over longer and longer distances in a frantic effort to find available land for their disposal. Costs for collection and disposal of solid wastes-ranging from $20 to over $30 a ton in urban areas are expected to rise steeply in the next decade. Many cities, already hard-pressed financially, simply are being bankrupted by the mounting costs of solid waste disposal.

It is significant that the Solid Waste Disposal Act of 1965 became the Resource Recovery Act of 1970. The Federal Government had thus recognized the direction it must take.

Recycling represents the most affirmative environmental response and the most constructive economic answer to the critical challenge of solid waste.

2. Conservation Urgency. The United States is beginning to run out of valuable natural resources. In some areas-metals, for examplethe United States has long been a "have not" nation, finding it necessary to import much of its required ores, concentrates and primary metals. But even in those resources which formerly were abundant, time is taking its toll.

The Director of the Bureau of Mines has predicted that by the turn of the century, U.S. demand for primary metals will have quadrupled and that we will need imports at seven times the present rate to satisfy our requirements. One of the positive ways in which we can help conserve our natural resources is to recycle and recover the resources in our solid wastes.