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Cy Valley


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APNewsBreak: Railroads threatened with lawsuit

By NOAKI SCHWARTZ, Associated Press 22 hours ago

LOS ANGELES (AP) An environmental group threatened to sue two of the nation's biggest rail owners Tuesday under a novel legal theory that would classify diesel exhaust as hazardous waste.

The Natural Resources Defense Council sent letters to Union Pacific Corp. and Burlington Northern Santa Fe Railway, saying it will file a lawsuit within 90 days under the Resource Conservation and Recovery Act, which regulates hazardous solid waste disposal.

The notice letter, which is required before proceeding with a lawsuit, cited problems at 16 rail yards across California, from Oakland to San Bernardino.

The conservation group argues that minute particles in diesel air pollution, which include lead, cadmium, arsenic and other toxic elements, are solid waste. If successful, such a suit could open the door for legal action against similar air pollution sources such as ports, airports or anywhere with a lot of diesel equipment, said David Pettit, a senior attorney with the council.

"I think the reason why other people haven't tried it is on first glance you would think that the emissions are a gas and RCRA doesn't apply to gases," Pettit said. "The fallacy with that is the exhaust has two components: one is a gas and the other component is a solid and those solids will kill you if you inhale enough of them."

http://tinyurl.com/http-tinyurl-com-3o2x9tu



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Chilean Night Skies
Thunderwagon5000


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Make the rich pay.



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FMB


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The NRDC has obviously NOT visited 2LARRCO's web site... if they had, they would know that 2LARRCO is a very green company that really CARES about the environment ... all the info is there for NRDC's perusal....



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Cy Valley


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FMB wrote:

The NRDC has obviously NOT visited 2LARRCO's web site... if they had, they would know that 2LARRCO is a very green company that really CARES about the environment ... all the info is there for NRDC's perusal....

 LAMCO is green, tu.  And ethical.  'cause they said so!



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Chilean Night Skies
FMB


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Cy Valley wrote:
FMB wrote:

The NRDC has obviously NOT visited 2LARRCO's web site... if they had, they would know that 2LARRCO is a very green company that really CARES about the environment ... all the info is there for NRDC's perusal....

 LAMCO is green, tu.  And ethical.  'cause they said so!

 well yeah.... they wouldn't LIE...



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Uke


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Don't let Uncle Warren know about this. He's liable ta cancel Buckethead's bonus before he gets his check...which IS in the mail.

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Hmm. That address doesnt look right.
It looks like the link pointing here was faulty.

Gah. Your tab just crashed.
FMB


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SEE.... I told you it was bullshit...

 

News Release

BNSF Statement on Natural Resources Defense Council letter

FORT WORTH, Texas, June 22, 2011:

The announcement by NRDC and its allies is misdirected and represents another attempt to attack the region's goods movement industry through the railroads. As the world's most fuel-efficient mode of surface transportation, freight rail is an important part of the solution to Southern California's air quality problem. BNSF entered voluntary emissions reduction agreements with the California Air Resources Board more than a decade ago which have been commended by the U.S. EPA. The California Air Resources Board has also stated the agreement will provide locomotive fleet benefits in Southern California 20 years earlier than the rest of the country. These voluntary efforts have improved rail's environmental advantages over the highway by using the cleanest fleet of locomotives in the nation, using ultra-low emission diesel fuel and reducing diesel particulate emissions from rail yards by at least 50%, on average, since 2005.



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