Judge Upholds D.C. Hazmat Ban in Ruling Against CSX
federal judge Monday upheld the District of Columbia’s law banning rail hazardous materials shipments near the U.S. Capitol, clearing the way for hazmat shipments to be rerouted starting Wednesday.
U.S. District Judge Emmett Sullivan wrote that CSX Transportation Inc. failed to provide evidence that the city did not have the authority to pass legislation aimed at protecting the capital from potential terrorist attacks.
CSX said in a statement that it would file an appeal "as quickly as possible."
District officials applauded the ruling.
“The District of Columbia is very pleased with today's ruling in the CSX case,” said George Valentine, the District's deputy attorney general.
Valentine told Transport Topics the ban would not apply to hazmat shipments by truck until a court or federal agency determines it is not pre-empted by federal law and until the city complied with certain federal regulations.
A CSX spokesman told the Washington Post the railroad will take steps to reroute cars to comply with the new ban should it still take effect Wednesday.
The law would ban rail movements of hazardous materials within 2.2 miles of the Capitol building.
Judge Sullivan denied CSX’s request for an injunction against the ban, stating he would not grant judicial remedy “without the benefit of competent evidence to inform the court’s legal analysis, especially when an injunction could expose the District of Columbia, its citizens, and visitors to an unknown and potentially catastrophic risk.”
Judge Sullivan said he would not lift the ban even if CSX appealed, but he said CSX could request an appeals court to stay the order and continue shipments while the case goes forward, the Post reported.
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