On review, the appellate court in this case affirmed the trial court's finding that the defendants' emission at its railyards of diesel particulate matter contained in exhaust is not a "disposal"of solid waste under the Resource Conservation Recovery Act. Center for Community Action and Environmental Justice, et al. v. Burlington Northern Sante Fe Railway Company, et al., No. 12-56086, 2014 U.S. App. LEXIS 16065 (9th Cir. Aug. 20, 2014).