1078 (citing United States v. Shell Oil Co., 294 F.3d 1045, 1050 (9th Cir.2002)); R.R. Street II, 166 S.W.3d at 246. 91 . See Berg II, 113 P.3d at 610. 92 . Vine St. Exhibit 72 at M001243 (1973 model’s manual); Vine St. Exhibit 80 at M002466 (1964 model’s manual). 93 . Vine St. Exhibit 72 at M001243; Vine St. Exhibit 80 at M002510. 94 . CERCLA adopts the federal Solid Waste Disposal Act's (the "FSWDA”) definition of "disposal:” "the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air n Corp.). 99 . See Raytheon Constructors, Inc. v. Asarco Inc., 368 F.3d 1214, 1219 (10th Cir.2003) (<HOLDING>); Morton Int’l, 343 F.3d at 677 (holding that
recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review holding that issue of whether dismissal was with or without prejudice becomes ripe only when new action is filed and issue is raised the court in the new action should decide the issue holding that the federal action at issue must be authorized holding that defendant failed to raise a constitutional issue at trial and thus waived appellate review of that issue holding without discussion that a cercla arranger must own or possess the hazardous substance at issue