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Appeals Court sides with CSX on D.C. hazmat ban

Appeals Court sides with CSX on D.C. hazmat ban

The U.S. Court of Appeals ruled Tuesday against the District of Columbia’s enforcement of a ban that would cause CSX to reroute hazardous materials shipments around the nation’s capital.

   The D.C. government approved the ban earlier this year after concerns were raised about insufficient security for hazardous rail shipments transiting the city. Security experts warn that these shipments offer soft targets to terrorists and that exposure to these materials could lead to many deaths.

   CSX argued that the D.C. ban was illegal and federal regulations should be applied instead. CSX and other railroads worried that the D.C. ban could inspire other cities to impose similar restrictions.

   According to a report in today’s Washington Post, a three-judge appellate panel concluded the D.C. ban would “shift the risk, or at least, some of this risk, to other jurisdictions,” and not solve the problem, which is the federal government’s failure to properly address rail security.

   The Post also reported that D.C. Mayor Anthony Williams was reviewing the court decision and “considering whether to ask the full appeals court to hear the matter.”