Court Rejects Attempt to Expand RCRA to Diesel Exhaust

more+
less-

On May 29, 2012, the Central District of California dismissed a lawsuit filed by a number of environmental groups seeking to apply the Resource Conservation and Recovery Act (“RCRA”) to any gaseous emissions that have the potential to form a solid or liquid residue.

In Center for Community Action and Environmental Justice, et al. v. Union Pacific Corp., et al.,1 the district court considered whether RCRA—a statute that governs the storage, treatment, transportation, and disposal of solid and hazardous waste—could be applied to diesel particulate matter (“DPM”) emitted by locomotives, trucks, and other equipment at various railyards across California. The court held that RCRA does not apply to diesel exhaust both because DPM is not a “solid or hazardous waste” under RCRA and also because Congress intended the Clean Air Act (“CAA”) to regulate diesel emissions comprehensively.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Administrative Agency Updates, Civil Remedies Updates, Energy & Utilities Updates, Environmental Updates, Transportation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »