Legal Opinion

Chemical Manufacturers Association v. Department of Transportation and United States of America, the Fertilizer Institute, Intervenor For

Court of Appeals for the D.C. Circuit

Decided January 31, 1997No. 95-1582PublishedCited by 20 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Chemical Manufacturers Association (“CMA”) and The Fertilizer Institute (“TFI”) petition for review of a Department of Transportation regulation that establishes a rebut-table presumption, applicable in civil administrative enforcement proceedings, that loose closures on railroad tank cars transporting hazardous materials result from the shipper’s failure to conduct a proper inspection. Both CMA and TFI contend that the presumption is invalid because there is no reasonable connection between the facts giving rise to…

2Cases cited11 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  3. Mobile, Jackson & Kansas City Railroad v. TurnipseedSupreme Court of the United States · 1910
  4. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  5. Beth Israel Hospital v. National Labor Relations BoardSupreme Court of the United States · 1978

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3Cited by20 opinions

  1. Wyoming Outdoor Council v. United States Forest ServiceCourt of Appeals for the D.C. Circuit · 1999
  2. National Mining Ass'n v. Department of LaborCourt of Appeals for the D.C. Circuit · 2002
  3. United States Steel Corp. v. AstrueCourt of Appeals for the Eleventh Circuit · 2007
  4. Select Specialty Hospital - Akron, LLC v. SebeliusDistrict Court, District of Columbia · 2011
  5. Secretary of Labor v. Keystone Coal Mining Corp.Court of Appeals for the D.C. Circuit · 1998

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