9th Circ. Derails Union Pacific Air-Pollution Suit
Law360, Los Angeles (August 20, 2014, 4:24 PM EDT) -- The Ninth Circuit on Wednesday refused to revive a suit brought by three environmental groups claiming diesel-based air pollution from Union Pacific Corp. and BNSF Railway Co. — California’s two biggest rail yard operators — exceeds safe levels, ruling the plaintiffs couldn't state a plausible claim for relief under federal law.
Affirming a district court's dismissal of the suit, the three-judge panel held that the emission of diesel particulate matter doesn't constitute “disposal” of solid waste within the meaning of the Resource Conservation and Recovery Act, because the law doesn't cover emissions of solid waste into the air.
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