Justice Department Backs CSX in D.C. Hazmat Suit

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he Justice Department filed a brief Friday opposing the District of Columbia’s recently passed law on banning hazardous materials transport near the U.S. Capitol.

The department backed CSX Transportation, operator of a large eastern U.S. railroad, in urging a federal judge to strike down the city's law.

The government "urges that the court enter an order declaring the D.C. Act invalid and enjoining the District of Columbia from enforcing it,” Justice said in its brief.

CSX sued the District government Feb. 16 in an attempt to overturn the law, and in its new filing, Justice agreed with the railroad that the law violates interstate commerce clause protections under the U.S. Constitution.

“Federal laws require railroads to carry hazardous materials,” CSX Senior Vice President for Law and Public Affairs Ellen Fitzsimmons said at the time.

D.C. Mayor Anthony A. Williams (D) signed the measure into law Feb. 15, though city officials said at the time the ban would not take effect right away.

The 90-day temporary ban on hazmat transportation by truck or rail was aimed at preventing hazardous materials from traveling within 2.2 miles of the Capitol building, which major rail lines run near.

(Click here for previous coverage.)