Chlorine Institute, Inc. v. California Highway Patrol

O’SCANNLAIN, Circuit Judge,

specially concurring:

The result of this case is an unfortunate defeat of the legitimate interests of the people of California who wish to protect themselves from the risks of hazardous materials. Nevertheless, with reluctance and based solely on the binding precedent of our court’s decision in Southern Pacific Transportation Co. v. Public Service Commission of Nevada, 909 F.2d 352 (9th Cir.1990), I must concur in the court’s opinion.

Although I believe that Southern Pacific dictates that the court affirm the district court’s ruling that California’s regulation is…