RCRA “Disposal” Does Not Extend to Emissions Directly into the Air Per US Court of Appeals for the Ninth Circuit

On August 20, 2014, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of a suit brought by environmental groups against Union Pacific Corp. and BNSF Railway Co., holding that the Resource Conservation and Recovery Act (RCRA) does not authorize a citizen suit to enjoin the emission of diesel particulate matter as it does not constitute “disposal” of a “solid waste” under RCRA.