Judge Declines To Rule If Emissions From Rail Cars Violate Clean Water Act
(November 2, 2016, 3:46 PM EDT) -- SEATTLE — A federal judge in Washington on Oct. 25 refused to find BNSF Railway Co. liable for violating the Clean Water Act (CWA) when coal dust emissions from open railroad cars land on the ground during transportation, finding that there is no scientific proof showing how the dust can enter waterways in the state (Sierra Club, et al. v. BNSF Railway Company, No. C13-967, W.D. Wash.; 2016 U.S. Dist. LEXIS 147786).
(Order available. Document #08-161111-006R.)
U.S. Judge John C. Coughenour of the Western District of...