On August 20, the U.S. Court of Appeals for the Ninth Circuit held that the diesel exhaust emissions of two railyards were not subject to regulation under the Resource Recovery and Conservation Act (RCRA). The environmental advocates that brought the suit argued that the diesel emissions were solid waste that was disposed of when the emissions were “transported by wind and air currents” to the land and water surrounding the railyards. The Ninth Circuit disagreed, holding that the regulation of diesel fuel emissions fell under the Clean Air Act rather than the RCRA. The Court rejected the argument that releasing… Read more