Editorial: Not in Their Back Yards
he District of Columbia City Council has moved to ban the shipment of what it termed “ultra-hazardous” materials from a 2.2-mile zone around the U.S. Capitol building.
The ban would apply to truck fleets and railroads and was approved on a 90-day emergency basis by the council, supposedly as a bid to lessen the chances of a terrorist attack.
The Capitol is close to the city’s main rail passenger terminal, Union Station, and CSX Corp. has a main line that runs very close to the buildings that house Congress and congressional staff members.
No one wants to expose oneself or one’s family to hazardous materials, but the fact is that our nation needs to have these chemicals in order to function.
“These materials include the chemicals that purify over half of our nation’s water supply, are involved in the manufacture of life-saving pharmaceuticals and make products such as Kevlar vests that protect the men and women in our armed forces,” said Edward Hamberger, president of the Association of American Railroads.
The situation was well explained by the vice president of the National Tank Truck Carriers, John Conley. “There is a term called ‘exporting risk,’ ” he told Transport Topics. “You can’t say, ‘This is dangerous to my community, so we’re going to pass it along through your community.’ ”
The U.S. Department of Transportation has already warned that it may take action if, as expected, D.C.’s mayor signs the legislation. And the city council has said that it is also at work on legislation to make the ban permanent.
If the ban becomes law, DOT will “determine whether it is in fact preempted by federal law,” and whether it violates the U.S. Constitution as well.
.C.’s narrowly drawn ban would have little direct effect on trucking operations, but it sets a bad precedent.
American Trucking Associations’ position on this action is clear and simple: ATA is vehemently opposed to any local jurisdiction having the authority to ban hazardous-materials transportation.
Rather than approach this issue on a piecemeal basis, which could lead to a patchwork quilt of conflicting regulations that make it impossible to ship hazardous, but necessary goods, any new regulations need to be adopted on a federal basis and be consistent throughout the nation.
This story appeared in the Feb. 7 print edition of Transport Topics. Subscribe today.
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