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Ohio ex rel. Celebrezze v. Department of Transp.

Citation: 15 ELR 20693
No. No. 84-3292, 766 F.2d 228/(6th Cir., 06/27/1985)

The court holds that Ohio has standing to challenge a Department of Transportation (DOT) statement of policy pursuant to the Hazardous Materials Transportation Act (HMTA) providing that state laws requiring prenotification of shipments of nuclear materials are preempted by federal routing regulations. Ohio has alleged sufficient injury to establish standing, because its right to enforce its own prenotification statute is harmed by the DOT's determination that such a statute is preempted. Ohio's injury is within the zone of interests created by the Administrative Procedure Act and HMTA, which allows the states to regulate hazardous materials in a manner consistent with DOT transportation regulations. The court reverses the district court's decision denying standing and remands.

Counsel for Appellant
E. Dennis Muchnicki
Attorney General's Office
30 E. Broad St., 11th Floor, Columbus OH 43215
(614) 466-2766

Counsel for Appellees
Carla D. Moore
U.S. Attorney's Office
1404 E. 9th St., Cleveland OH 44114
(216) 522-7640

Robert Wiggers
Antitrust Division
Department of Justice, Washington DC 20530
(202) 633-2414

Before: ENGEL and KEITH, CircuitJudges; and PHILLIPS, Senior Circuit Judge.