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National Tank Truck Carriers, Inc. v. Burke

ELR Citation: 13 ELR 20451
Nos. No. 82-1643, 698 F.2d 559/(1st Cir., 01/31/1983) Aff'd

The First Circuit affirms the district court's ruling, 12 ELR 20853, that certain of Rhode Island's regulations governing the transportation of hazardous materials are inconsistent with and therefore preempted by the Hazardous Materials Transportation Act (HMTA). The First Circuit adds that the Department of Transportation (DOT) regulations only forbid a state from requiring a written notice of an accident where such a requirement is aimed solely at hazardous materials carriers and not justified by an emergency. DOT and the district court could reasonably find a conflict between Rhode Island's regulation, which requires written notices by hazardous materials carriers, and DOT's regulation. Therefore, the regulation is inconsistent with the HMTA and invalid.

Counsel for Appellant
John R. McDermott, Special Ass't Attorney General
215 Benefit St., Providence RI 02903
(401) 277-3168

Counsel for Appellee
Lawrence W. Bierlein
910 17th St. NW, Washington DC 20006
(202) 659-9475

James J. McGair
919 Industrial Bank Bldg., Providence RI 02903
(401) 861-1717

Before Aldrich, Campbell, and Breyer, JJ.