Legal issues concerning state and local authority to restrict the transportation of hazardous materials by rail / [BK] Todd B. Tatelman.

CRS report for Congress

In the wake of the recent train derailment and chlorine gas leak in South Carolina, state and local officials have begun to examine the scope of their regulartory authority over the transportation of hazardous materials by rail. Specifically, local officials in the district of Columbia have recently authorized a temporary ban on the transportation of curtain toxic substances from trains that travel though the district of Columbia. Reviewing the relevant statutes, including the Hazardous Materials transportation Act and the Federal Railroad safety act, it would appear that state and local governments may be preempted from enacting legislation that would prevent or hinder the transportation of hazardous materials in interstate commerce.