Natural Asthma Remedies

APNewsBreak: Railroads threatened with lawsuit

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."

Lena Kent, a spokeswoman for Fort Worth, Texas-based BNSF, did not immediately return a call and emails for comment.

Aaron M. Hunt, a spokesman for Omaha, Neb.-based Union Pacific, did not address the notice but said the company had made substantial progress in reducing emissions over the past several years.

"Union Pacific operations are regulated at the state and federal levels, and we are in compliance with those environmental requirements," he said in an email. "Union Pacific has voluntarily worked with state and federal regulators for more than a decade to substantially reduce locomotive and other emissions in and around California rail yards."

Millions of cargo containers loaded on trucks and trains travel by freeway and railway through Southern California then to the rest of the country. The West Coast ports are the nation's principal gateway for cargo container traffic from Asia, with the ports of Los Angeles and Long Beach handling about 40 percent of the nation's cargo.

The rail yards have long been blamed for health problems in communities along those transit corridors. The tiny particles contained in diesel exhaust can penetrate deep into the lungs, carrying a variety of toxins that have been linked to acute bronchitis, lung disease, heart attacks and other health problems.

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