May A Court Take Judicial Notice Of Gravity? (Video)

Earlier this month, United States District Court Judge Stephen Wilson held that NL Industries was not liable under CERCLA for air emissions of lead because such emissions did not constitute "disposal" within the meaning of CERCLA. I'm going to give Judge Wilson a pass, both because there was an arguably binding 9^th Circuit precedent and because of CERCLA's general incomprehensibility.

However, whether one blames Judge Wilson or the 9^th Circuit panel in Pakootas v. Teck Cominco Metals, something appears to have gone seriously awry. It's not totally clear why Judge Wilson (or the 9^th Circuit) concluded that "disposal" does not include air emissions. Although not a great fit, air emissions through a stack would seem to constitute a "discharge".