Legal Issues Concerning State and Local Authority to Restrict the Transportation of Hazardous Materials by Rail

RS22041 -- Legal Issues Concerning State and Local Authority to Restrict the Transportation of Hazardous Materials by Rail

Updated January 24, 2006

Summary

In the wake of train derailments and a chlorine gas leak in South Carolina, state and local officials began to examine the scope of their regulatory authority over the transportation of hazardous materials by rail. Specifically, local officials in the District of Columbia authorized a temporary ban on the transportation of certain toxic substances from trains that travel though the District of Columbia. Reviewing the relevant statutes, including the Hazardous Materials Transportation Act and the Federal Railroad Safety Act, it would appear that state and local governments are preempted from enacting legislation that would prevent or hinder the transportation of hazardous materials in interstate commerce. In addition, the Constitution's dormant, or "negative" Commerce Clause may also prevent a state or locality from imposing such a restriction as it could arguably be seen as imposing an undue burden on interstate commerce. This report will provide an overview of the relevant federal statutes with respect to the transportation of hazardous materials by rail, and will discuss some of the legal issues with respect to both federal preemption and the dormant commerce clause. In addition, this report will discuss the decision by the D.C. Circuit Court of Appeals, which, in reversing a district court's opinion, held that the temporary ban was preempted by federal law and issued a preliminary injunction against its enforcement. This report will be updated as events warrant.