On Feb. 25, the U.S. Department of Justice joined the rail company CSX in litigation to derail a new Washington, DC, law which bans hazardous cargo shipments through the district. In a brief filed with the Federal District Court, DOJ asserts that hazardous chemical shipments are part of interstate commerce and therefore may only be regulated by federal law. Last month, Washington became the first U.S. city to ban hazardous shipments when it passed the Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005. The law imposes a 90-day ban on hazardous cargo shipments within a 2.2 mile radius of the U.S. Capitol. Almost immediately following the passage of the new law, CSX filed a lawsuit arguing the law was unconstitutional. With DOJ also trying to nullify the law, the law’s future is uncertain. Undeterred, on March 1, just days after DOJ’s brief, the D.C. City Council unanimously passed a nearly identical bill that would increase the temporary ban from 90 to 225 days. Legally, DOJ’s argument that local governments may not interfere with interstate shipments may carry the day. However, it does little to answer the much larger questions raised by the district’s efforts. Why, more that three years after the 9/11 attacks, has the federal government not implemented a plan to make chemical plants and shipments safer? Why have chemical companies, shipping companies and industry been getting a free pass from the federal government, potentially at the cost of the public’s safety? The federal government was fully aware of the district’s efforts long before the city passed the ban and could have worked with industry and D.C. city officials to discuss shipping risks and developed a plan to improve protections of densely populated areas. Instead, the federal government has continually tried to prevent action and stifle discussion on this issue. See these related OMB Watcher articles:

• “D.C. Council Passes Bill to Reroute Hazardous Materials,” Feb. 7, 2005
• “Industry Challenges D.C. Ban on Hazmat Rerouting,” Feb. 22, 2005