Emission of Diesel Particulate Matter Not a RCRA Disposal

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).

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