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 9th Circuit precedent and because of CERCLA’s general incomprehensibility. 
However, whether one blames Judge Wilson or the 9th Circuit panel in Pakootas v.… More