Legal Opinion

American Chemistry Council v. Department of Transportation

Court of Appeals for the D.C. Circuit

Decided October 13, 2006No. 03-1456, 05-1191PublishedCited by 57 opinions

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…

2Cases cited15 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  5. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970

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3Cited by57 opinions

  1. National Ass'n of Home Builders v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2011
  2. Americans for Safe Access v. Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2013
  3. Roth v. NORFALCO LLCCourt of Appeals for the Third Circuit · 2011
  4. Swanson Group Mfg. LLC v. Sally JewellCourt of Appeals for the D.C. Circuit · 2015
  5. Center for Sustainable Economy v. Sally JewellCourt of Appeals for the D.C. Circuit · 2015

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