ELR Citation: ELR 20210
No(s). 03-1456 (D.C. Cir. Oct 13, 2006)

The court held that associations of hazardous materials manufacturers, shippers, and transporters lacked standing to challenge a U.S. Department of Transportation (DOT) rule defining when hazardous materials are being loaded, unloaded, or stored incidental to their movement, which largely controls whether such materials will be subject to federal regulation under the Hazardous Materials Transportation Act. The associations failed to demonstrate that at least one of their members had standing to pursue their challenge. The associations argued that one of their members would suffer injuries due to the rule's failure to preempt certain local laws. Yet the associations failed to demonstrate that the DOT is fairly responsible for that member's injury. They also failed to show that if the court were to set aside the DOT rule, it is likely that a future rule promulgated by the DOT would preempt local law requirements. Nor did the associations demonstrate that any of their members would suffer a concrete and particularized harm due to any "regulatory gap" in the rule.