Appellate Judges Appear Skeptical Of Regulating Diesel PM Under RCRA

摘要

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit appeared skeptical during April 8 oral arguments of environmentalists' attempt to regulate diesel particulate matter (DPM) generated by locomotives under federal waste law, with two of the judges questioning whether the emissions meet the law's criteria for waste "disposal." In Center for Community Action, et al, v. BNSF Railway, et al., environmentalists charge that emissions from diesel locomotives at 16 railyards in California are threatening the health of nearby residents and should be regulated under the Resource Conservation and Recovery Act (RCRA) as the DPM emissions contain hazardous substances in solid form, including arsenic and cadmium. Environmentalists filed the suit in part because of legal uncertainty with whether EPA and states are able to regulate the locomotives' emissions under the Clean Air Act. The agency recently asked the Surface Transportation Board to rule on whether federal transportation law preempts state and agency efforts under the air act.