CCAEJCenter for Community Action and Environmental Justice (San Bernardino, CA)
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43) CCAEJ contended that this resulted in a regulatory gap and that the statutory schemes should be harmonized to ensure that railyard emissions remain within some scope of federal authority.
Thus, the court held that CCAEJ failed to state a plausible claim for relief under RCRA's citizen-suit provision and affirmed the district court's judgment.
In support of its position that the emission of diesel exhaust does constitute "disposal," CCAEJ cited to decisions regarding aerosolized solid waste, (39) contending that similar reasoning should be applicable to railyard emissions.