Is diesel exhaust a hazardous solid waste?

Here's a story from The Associated Press that ... well, I'll let it speak for itself.

LOS ANGELES - 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 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 live near Huntington, W.Va., which has one of CSX's heavy locomotive repair shops. They bring in a lot of locomotives and overhaul them. About 20 miles down the Ohio River is Russell, Ky., where CSX has a large yard. Another 30 miles down is a Norfolk Southern yard at Portsmouth, Ohio.

And we won't talk about the diesel exhaust that comes from the boats at the mouth of the Big Sandy River. When the navigation charts describe that place as a congested area, they're not kidding.

It's a legal theory that will have to play itself out in the courts. Beyond that, I don't know what else to say right now. Maybe I'll have something later.