ELR Citation: ELR 21273
No(s). 92-16858 (9th Cir. Jul 11, 1994)

The court holds that the Hazardous Materials Transportation Act of 1975 (HMTA), as amended by the Hazardous Materials Transportation Uniform Safety Act of 1990 (HMTUSA), preempts regulations imposed by the Department of the California Highway Patrol (CHP) on the transportation of chlorine and oleum because CHP regulations impose substantial additional requirements to those imposed by the U.S. Department of Transportation (DOT) through its Hazardous Materials Regulations (HMR). The court first notes that HMTUSA §13(a)(2) provides that any state regulation is preempted if it "creates an obstacle to the accomplishment and execution of [the Act] or [the HMR]." In applying the obstacle test to determine preemption, the U.S. Supreme Court has examined whether the state law poses an obstacle to the accomplishment of the objectives and purposes of Congress. The court has found that a major purpose of the HMTA was the development of a uniform, national scheme of regulation regarding hazardous materials transportation, and that Congress reiterated this goal by enacting the HMTUSA. The court holds that CHP regulations are preempted by the obstacle test because they exceed the federal requirements for the shipment of chemicals such as chlorine and oleum. As such, they create a separate regulatory regime for these activities, fostering confusion and frustrating Congress' goal of developing a national, uniform scheme of regulation. The court did note, however, that the DOT may grant a waiver of federal preemption pursuant to §13(d), if the proposed regulation provides equal or greater safety than the federal provisions, and does not unnecessarily burden commerce.

Counsel for Plaintiffs
Paul M. Donovan
LaRoe, Winn, Moerman & Donovan
1730 Rhode Island Ave. NW, Ste. 810, Washington DC 20036
(202) 628-2788

Counsel for Defendants
Henry G. Ullerich, Ass't Attorney General
Attorney General's Office
300 S. Spring St., Los Angeles CA 90013
(213) 897-2000

Before Farris and O'Scannlain, JJ.