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Expert Analysis

RCRA Citizen Suits No Longer Option In Regulating Diesel

Law360, New York (October 10, 2014, 10:15 AM EDT) -- Not persuaded by plaintiffs' concerns over a purported gap in the federal regulation of diesel railyard emissions as indirect sources in the Clean Air Act, the Ninth Circuit held in Center for Community Action and Environmental Justice v. BNSF Railway Co. that any such gap could not be filled by citizen suit enforcement under the Resource Conservation and Recovery Act....

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