United States Ninth Circuit
Ctr. for Cmty. Action v. BNSF Railway Co, 12-56621
Dismissal of an action, filed under the citizen-suit provision of the Resource Conservation and Recovery Act (RCRA) and seeking to enjoin the emission from defendants' railyards of particulate matter found in diesel exhaust, is affirmed, where defendants' emission of diesel particulate matter did not constitute "disposal" of solid waste within the meaning of RCRA, and accordingly, plaintiffs could not state a plausible claim for relief.
Appellate Information
- Decided 08/20/2014
- Published 08/20/2014
Judges
- Murguia
Court
- United States Ninth Circuit