Ctr. for Cmty. Action v. BNSF, No. 12-56086 (9th Cir. 2014)
Annotate this CasePlaintiffs filed suit against defendants, owners and operators of railyards, under the citizen suit provision of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992k. Plaintiffs sought to enjoin the emission from defendants' railyards of particulate matter found in diesel exhaust. The court concluded that defendants' emission of diesel particulate matter does not constitute "disposal" of solid waste within the meaning of RCRA, and that plaintiffs therefore could not state a plausible claim for relief under section 6972(a)(1)(B). Accordingly, the court affirmed the district court's grant of defendants' motion to dismiss with prejudice.
Court Description: Environmental Law. The panel affirmed the district court’s dismissal of an action filed by environmental organizations under the citizen- suit provision of the Resource Conservation and Recovery Act, seeking to enjoin the emission from defendants’ railyards of particulate matter found in diesel exhaust. The panel held that defendants’ emission of diesel particulate matter did not constitute “disposal” of solid waste within the meaning of RCRA. Accordingly, plaintiffs could not state a plausible claim for relief under 42 U.S.C. § 6972(a)(1)(B).
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