Colorado Public Utilities Commission v. Harmon

TACHA, Circuit Judge.

Appellants appeal the district court’s order granting summary judgment in favor of the Colorado Public Utilities Commission (“CPUC”) and the State of Colorado. On appeal, the Department of Energy (“DOE”) argues that the Hazardous Materials Transportation Uniform Safety Act of 1990 (“HMTUSA”) and its implementing regulations preempt the CPUC’s regulations requiring carriers of hazardous materials to carry the Colorado State Patrol telephone number and an inspection report in the vehicle, to obtain a state permit, and to provide the state with advance notification of…