American Chemistry Council v. Department of Transportation
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge GRIFFITH.
Dissenting opinion filed by Circuit Judge ROGERS.
GRIFFITH, Circuit Judge.
Several associations of hazardous materials manufacturers, shippers, and transporters challenge a Department of Transportation (“Department”) rule defining when hazardous materials are being “load[ed], unloaded], or stor[ed] incidental to the[ir] movement,” 49 U.S.C. § 5102(13), which largely controls whether such materials will be subject to federal regulation by the Department under the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq. Because the…
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