Legal Opinion · Dissent
Nl Industries, Inc. v. Department of Transportation, Federal Aviation Administration
Court of Appeals for the D.C. Circuit
Decided April 13, 1990No. 89-1089Published
1DissentBuckley, Circuit Judge
I differ from the majority in one critical respect: I do not agree that simply by improperly packaging hazardous materials and having them delivered by truck within the city of Houston, NL can be said to have “caused” hazardous materials to be transported by air. As I believe the FAA’s order imposing liability on NL exceeds the scope of the Hazardous Materials Transportation Act, I respectfully dissent.
Section 105(a) of the Act reads, in relevant part, as follows:
The Secretary may issue ... regulations for the safe transportation in commerce of hazardous materials. Such regulations shall be…
2Cases cited3 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Inner City Broadcasting Corporation v. James C. Sanders, Administrator, U.S. Small Business Administration, Federal Railroad AdministrationCourt of Appeals for the D.C. Circuit · 1984
- Reservation Telephone Cooperative v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1987