Stay Issued on D.C. Hazmat Ban

Following an appeal by CSX Transportation, the U.S. Court of Appeals for the District of Columbia Circuit issued an administrative stay of the District’s ban on certain hazardous materials being transported through the District or near the capital. The ban had been scheduled to go into effect on April 20th.

The Appeals court issued a warning that it’s action should not be construed as a ruling on the merits of the CSX appeal.

The District of Columbia had enacted a law banning shipments of toxic chemicals by road or rail within 2.2 miles of the District. CSX, rail industry groups, and various federal transportation and security organizations had earlier offered legal opinions that the law was invalid. A federal judge upheld the law, saying CSX had failed to provide evidence that the city did not have the authority to pass the legislation.

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