{
  "id": "RS22041",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS22041",
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  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
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      "id": 311777,
      "date": "2006-01-24",
      "retrieved": "2016-04-07T19:18:34.604029",
      "title": "Legal Issues Concerning State and Local Authority to Restrict the Transportation of Hazardous Materials by Rail",
      "summary": "In the wake of train derailments and a chlorine gas leak in South Carolina, state and local\nofficials\nbegan to examine the scope of their regulatory authority over the transportation of hazardous\nmaterials by rail. Specifically, local officials in the District of Columbia authorized a temporary ban\non the transportation of certain toxic substances from trains that travel though the District of\nColumbia. Reviewing the relevant statutes, including the Hazardous Materials Transportation Act\nand the Federal Railroad Safety Act, it would appear that state and local governments are preempted\nfrom enacting legislation that would prevent or hinder the transportation of hazardous materials in\ninterstate commerce. In addition, the Constitution's dormant, or \"negative\" Commerce Clause may\nalso prevent a state or locality from imposing such a restriction as it could arguably be seen as\nimposing an undue burden on interstate commerce. This report will provide an overview of the\nrelevant federal statutes with respect to the transportation of hazardous materials by rail, and will\ndiscuss some of the legal issues with respect to both federal preemption and the dormant commerce\nclause. In addition, this report will discuss the decision by the D.C. Circuit Court of Appeals, which,\nin reversing a district court's opinion, held that the temporary ban was preempted by federal law and\nissued a preliminary injunction against its enforcement. This report will be updated as events\nwarrant.",
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    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc805168/",
      "id": "RS22041_2005Feb04",
      "date": "2005-02-04",
      "retrieved": "2016-03-19T13:57:26",
      "title": "Legal Issues Concerning State and Local Authority to Restrict the Transportation of Hazardous Materials by Rail",
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      "type": "CRS Report",
      "typeId": "REPORT",
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}