Regulation of hazardous waste transportation: Federal, state, local, or all of the above

Abstract

Administrative rulings (inconsistency rulings) and judicial determinations of preemption of state and local government regulations concerning the transportation of hazardous materials by federal regulations have been analyzed. Transportation of both nuclear material and other hazardous materials are considered. The methodology utilized was analysis on an issue-by-issue basis. Background on federal regulations and the criteria used for preemption decisions is presented. Considerations relevant to federal entities, including the DoE, DoD, state and local governmental entities, and transporters of hazardous materials are discussed. It is concluded that Congress has failed to make a sufficient effort to resolve interjurisdictional differences.