STB Issues Advisory Ruling Against D.C.'s Hazmat Ban

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he Surface Transportation Board ruled that federal law pre-empts parts of a proposed ban of hazardous materials transportation by the District of Columbia.

The board's decision does not have the power to invalidate the new D.C. law, but it can be used in court as an advisory opinion on the city's legal authority, the Associated Press reported.

City officials said they're still optimistic that the ban on hazardous cargos will be upheld in federal court against a CSX Transportattion Inc. lawsuit, AP reported. A hearing is scheduled for March 23

CSX, which operates a freight railroad in the eastern United States, had requested a ruling from the STB in addition to filing suit in federal court, arguing that the city’s ban on hazmat shipments was a violation of interstate commerce provisions of the U.S. Constitution.

Earlier this year, the District passed legislation restricting hazmat shipments within a 2.2-mile radius of the Capitol building. CSX operates rail tracks within that zone.

In its ruling STB said it agreed with the railroad. “The D.C. Act would unreasonably interfere with interstate commerce, and if permitted to exist would likely lead to further piecemeal attempts by other localities to regulate rail shipments,” the board said.

The STB asserted there are other agencies with oversight power over the issue and said its ruling only pertained to the portions of the law regarding rail transportation.

(Click here for previous coverage.)