Court Rejects Attempt to Expand RCRA to Diesel Exhaust


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.

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

Written by:


Morrison & Foerster LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.