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American Trucking Ass'ns v. Boston

Citation: 12 ELR 20789
No. No. 81-628-MA, (D. Mass., 04/06/1981)

The court preliminarily enjoins the City of Boston from enforcing certain rules governing the transportation of hazardous materials through city streets. Under the Hazardous Materials Transportation Act (HMTA) only those state rules that are inconsistent with federal regulations are preempted. The court rules that plaintiffs are likely to succeed on the merits in proving that the requirement that vehicles containing designated hazardous materials be affixed with certain decals and that drivers obtain and carry city permits is burdensome on commerce and preempted by the HMTA. However, the city's routing requirements and daytime curfew are not preempted by the HMTA. Applying a previous Department of Transportation ruling, the court finds that those rules are not inconsistent with the HMTA since Boston properly conferred with other jurisdictions. In addition, they are not an undue burden on commerce because of their extreme importance to public safety.

[The issues raised in this case are analyzed at 12 ELR 10075 — Ed.]

Counsel for Plaintiffs
Roger C. Wendell
Nix & Wendell
One McKinley Sq., Boston MA 02109
(617) 227-0101

Counsel for Defendants
John R. Devereaux, Ass't Corp. Counsel
City of Boston Law Dep't
City Hall, Boston MA 02201
(617) 725-4034