STB: DC can’t ban hazmat shipments
Mar 18, 2005 8:20 AM
A Surface Transportation Board panel announced March 14 that the Washington DC city council cannot ban shipments of hazardous materials through the city.
The city council initiative was primarily intended to block rail shipments of hazardous cargoes, such as flammable gases and explosives, within two miles of the Capitol building.
Deliveries of gasoline and heating oil within the city would not be affected.
CSX Corp is fighting the city council action and has asked a US District Court judge to knock down the ban, which is scheduled to last 90 days starting April 11.
The STB ruling has no statutory authority but could carry weight with the US District Court, which will hear the CSX request March 23.
Should Washington DC prevail in District Court, the Bush Administration probably will initiate preemption proceedings on the grounds that the ban will impede interstate commerce and could potentially increase the vulnerability of hazmat shipments that are rerouted.
