NTTC, others seek hazmat court ruling

July 19, 2005
National Tank Truck Carriers (NTTC) has joined 19 other transportation trade associations in supporting CSX Transportation Inc in obtaining a summary judgment on a case involving hazardous materials transportation in the District of Columbia.

National Tank Truck Carriers (NTTC) has joined 19 other transportation trade associations in supporting CSX Transportation Inc in obtaining a summary judgment on a case involving hazardous materials transportation in the District of Columbia.

"In this matter, NTTC shares two objectives with our fellow associations," said Cliff Harvison, NTTC president. "First, we simply can't have individual jurisdictions (such as the District of Columbia) enacting their own routing and security requirements while ignoring the impact on the transportation system as a whole.

"Next, jurisdictions must deal with the question of exporting risk. For example, if the District decides that they don't want its citizens exposed to certain hazardous materials, what's to prevent their neighbors in Maryland and Virginia from reaching the same conclusion and invoking the same restrictions? Such would simply bring the transportation of vital commodities to a halt."

The US Court of Appeals for the District of Columbia handed down a preliminary injunction May 3, 2005, that blocks the District of Columbia from enacting an emergency ban established by the DC governing council on all rail and truck shipments of hazmat within 2.2 miles of the Capitol.

The associations said in the information filed July 11, 2005, that they are concerned that other entities throughout the United States will adopt similar bans unless the issue is put to rest by the court in a summary judgment.

The Truckload Carriers Association, another member of the group involved in the court battle, has posted a copy of the latest filing on its Web site at truckload.org.

Other associations supporting CSX in the issue are Agricultural Retailers Association, American Chemistry Council, American Trucking Associations, American Petroleum Institute, American Pyrotechnics Association, Chlorine Chemistry Council, The Chlorine Institute, Council on Safe Transportation of Hazardous Articles, The Fertilizer Institute, International Vessel Operators Hazardous Materials Association, International Warehouse Logistics Association, Institute of Makers of Explosives, National Association of Chemical Distributors, National Paint and Coatings Association, National Private Truck Council, National Propane Gas Association, Railway Supply Institute, and The Sulphur Institute.