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CENTER FOR COMMUNITY ACTION v. BNSF R. CO.

No. 12-56086.

764 F.3d 1019 (2014)

CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE; East Yard Communities for Environmental Justice; Natural Resources Defense Council, Inc., Plaintiffs-Appellants, v. BNSF RAILWAY COMPANY; Union Pacific Railroad Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2014.

Attorney(s) appearing for the Case

David Pettit (argued), Melissa Lin Perella , and Morgan Wyenn , Natural Resources Defense Council, Santa Monica, CA, for Plaintiffs-Appellants.

Mark B. Helm (argued), Henry Weissmann , and Leo Goldbard , Munger, Tolles & Olson LLP, Los Angeles, CA; Patrick J. Cafferty, Jr. , Munger Tolles & Olson LLP, San Francisco, CA; Kevin M. Fong , Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA; Mark E. Elliott , Michael R. Barr , Margaret Rosegay , and Amy E. Gaylord , Pillsbury Winthrop Shaw Pittman LLP, Los Angeles, CA, for Defendants-Appellees.

Before: FERDINAND F. FERNANDEZ, N. RANDY SMITH, and MARY H. MURGUIA, Circuit Judges.

OPINION

MURGUIA, Circuit Judge:

In this case, we must decide whether the citizen-suit provision of the Solid Waste Disposal Act (Resource Conservation and Recovery Act (RCRA)), 42 U.S.C. §§ 6901-6992k, may be used to enjoin the emission from Defendants' railyards of particulate matter found in diesel exhaust. RCRA's citizen-suit provision permits "any person" to sue the owner or operator of a solid waste treatment, storage, or disposal facility...

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