City of New York v. United States Department of Transportation

OPINION AND ORDER

CEDARBAUM, District Judge.

This is the latest skirmish in an ongoing battle between the United States Department of Transportation (“DOT” or “the Department”) and the City of New York over the trucking of spent nuclear fuel through the City. In an earlier phase, DOT persuaded the Second Circuit that the City’s showing that barging was a safer alternative than trucking was not an appropriate attack on DOT’s truck routing regulation, but rather would be considered by DOT in connection with the City’s non-preemption application. 1 In denying the City’s non-preemption application,…