Arguments Made in D.C. Rail Ban Lawsuit

A federal judge yesterday heard arguments in a lawsuit over the District of Columbia’s right to prohibit trains carrying hazardous materials from passing through the nation’s capital, the Washington Post reported (see GSN, Aug. 16, 2006).

The District Council passed the ban in 2005, concerned that chlorine or other materials carried by rail could become weapons for terrorists.  Rail operator CSX Inc. quickly sued, arguing that the council had exceeded its authority and could be initiating a trend that would cripple the necessary movement of such materials around the country.

The ban has yet to take effect. 

Proposed federal regulations on shipments of hazardous substances might not come into force for months or years, if ever, and are not as restrictive as those proposed by the District.

U.S. District Judge Emmet Sullivan previously backed the city, but an appeals court overturned his decision.

Lawyers yesterday came back before Sullivan.  The major issue in nearly two hours of arguments was whether federal law could pre-empt the D.C. rule, the Post reported.  States are allowed to pass rail safety and security laws until federal regulations are issued covering that area.

Critics say that present U.S. rail security rules reject including hazardous materials bans in federal regulations, meaning local governments cannot pass such laws.  Backers of the D.C. ban say that drafters of existing regulations did not consider such a rule and that because the Transportation Department, rather than the Homeland Security Department, issued the regulations, they cannot pre-empt local rules.

Sullivan did not say when he would issue his ruling (Henri Cauvin, Washington Post, Jan. 24).

Back to top
About Newswire  |  Contact National Journal  |  Re-Use Guidelines © Copyright 2008 by National Journal Group, Inc. The material in this section is produced independently for NTI by National Journal Group, Inc. Any reproduction or retransmission, in whole or in part, is a violation of federal law and is strictly prohibited without the consent of the National Journal Group, Inc. All rights reserved.