Even with extensive case law before the cjeu on the notion of ‘waste’, questions remain around classification of substances as waste and end-of-waste status of certain waste streams. This uncertainty hampers the transition to a circular economy. In the case at hand, a mixture of sludge from paper production and sludge from a municipal wastewater treatment plant was used as fuel for the paper plant. Although the majority (97%) of the mixture came from the paper production process and therefore would be a by-product (and hence not waste), and only 3% of the mixture stemming from the municipal waste water facility qualify waste, the mixture as a whole is assumed to be waste. Whether the ‘end of waste-criteria’ of Article 6(1) Waste Framework Directive can successfully be applied to the case, is up to the national court to decide. In addition, the case is interesting as an affirmation of the ‘Rheinmühlen/Elchinov-doctrine’.

Most of the illicit tobacco trade (ITT) in the USA is caused by high tax rates on cigarettes in many states and localities and the availability of much cheaper cigarettes from low tax states and other low-tax jurisdictions, such as Tribal lands or Internet sales from domestic sellers or international sellers (who can evade all U.S. federal, state, local cigarette taxes). This chapter aims to give an account of how the U.S. deals with this and other problems of illicit tobacco trade, including both its successes and its shortcomings. The chapter gives an account of necessary aspects of regulation, and explains the enforcement side, including policy, applicable law, and agency involvement. Particular attention is paid to central challenges of U.S. efforts to fight the ITT, including prioritisation of ITT in comparison to other criminal activities, data on ITT related criminal activity, track and trace systems, and coordination among responsible agencies and levels of government.The Authors are particularly grateful to Eric N. Lindblom for his explanations of the US tobacco regulation and practice and extremely valuable comments on this chapter. Stanislaw Tosza would also like to thank the O'Neill Institute for National and Global Health Law at Georgetown University for the hospitality during his research stay which significantly contributed to our understanding of the US legal framework and practice as well as to agents of some of the law enforcement agencies analysed in this paper who wished not to be named. All errors are our own.