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New York v. Department of Transp.

ELR Citation: ELR 21328
Nos. No. 97-CV-784, 37 F. Supp. 2d 152/(N.D.N.Y., 02/09/1999)

The court holds that the Hazardous Materials Transportation Act (HMTA) preempts a New York regulation that prohibits the repackaging of hazardous wastes. The court first holds that the U.S. Department of Transportation (DOT) has primary jurisdiction over the regulation and transportation of hazardous material including hazardous waste....

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