The Hazardous Materials Transportation Act: Preemption of State and Local Laws
| Jurisdiction | United States,Federal |
| Citation | Vol. 15 No. 12 Pg. 2216 |
| Pages | 2216 |
| Publication year | 1986 |
1986, December, Pg. 2216. The Hazardous Materials Transportation Act: Preemption of State and Local Laws
On January 3, 1975, Congress enacted the Hazardous Materials Transportation Act ("HMTA")(fn1)". . . to improve the regulatory and enforcement authority of the Secretary of Transportation to protect the nation adequately against the risks to life and property which are inherent in the transportation of hazardous materials in commerce."(fn2) HMTA sweeps broadly, affecting any transportation "in commerce," and expressly preempts "inconsistent" state and local laws. Therefore, HMTA is central to the regulation of hazardous materials transportation in this country.
Public awareness of the risks associated with the transportation of hazardous materials has increased, and state and local governments have become more active in their efforts to regulate such transportation. Much HMTA litigation and administrative opinion concerns whether a particular state or local transportation requirement is inconsistent with federal law and therefore preempted. As an aid to practitioners new to this emerging area, this two-part article provides an overview of HMTA, the federal regulations and their relationship to state and local laws concerning hazardous materials transportation.
HMTA represents a comprehensive effort to consolidate federal authority and to create a nationally uniform system of hazardous materials transportation.(fn3) The principal features of the Act are the following. The U.S. Department of Transportation ("DOT") is the administrative agency charged with implementing the Act. "Hazardous material" means a quantity or form of material the transportation of which DOT finds may pose an unreasonable risk to health and safety or property. "Transportation" means the movement of hazardous materials by any mode, including highway, rail, aircraft, and vessel. Moreover, HMTA applies to transportation "in" or "affecting" interstate commerce.
DOT has promulgated extensive regulations to implement HMTA---Hazardous Materials Regulations or "HMR" The regulations govern the packing, repacking, handling, labeling, marking, placarding and routing of hazardous materials.(fn4) DOT is empowered to issue compliance orders, which are enforceable through the U.S. Attorney General in the federal district courts. The Attorney General is also authorized to seek penalties, injunctive relief and punitive damages to redress violations of HMTA. There are civil penalties for "knowingly" violating HMTA and criminal penalties for "willfully" violating the Act.
In keeping with Congress' intent to create a nationally uniform system of regulation, HMTA expressly preempts inconsistent state and local laws.(fn5) The purpose of this provision is "'to preclude a multiplicity of state and local regulations and the potential for varying as well as conflicting regulation in the area of hazardous materials transportation.'"(fn6) However, while HMTA preemption is express, it is only partial. State and local regulation is permissible "unless contrary to the scheme of federal regulation."(fn7) Moreover, HMTA authorizes DOT to determine that an inconsistent requirement is not preempted if such requirement:
(1) affords an equal or greater level of protection to the public than is afforded by the requirements of this title and (2) does not unreasonably burden...
To continue reading
Request your trial