[20060124]RS22041_关于国家和地方当局限制铁路运输危险品的法律问题.pdf

1 Walt Bogdanich & Christopher Drew, Deadly Leak Underscores Concerns About Rail Safety,New York Times, Jan. 9, 2005, available at http:/(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22041Updated January 24, 2006Legal Issues Concerning State and Local Authority to Restrict the Transportation of Hazardous Materials by Railname redactedLegislative AttorneyAmerican Law DivisionSummaryIn the wake of train derailments and a chlorine gas leak in South Carolina, stateand local officials began to examine the scope of their regulatory authority over thetransportation of hazardous materials by rail. Specifically, local officials in the Districtof Columbia authorized a temporary ban on the transportation of certain toxicsubstances from trains that travel though the District of Columbia. Reviewing therelevant statutes, including the Hazardous Materials Transportation Act and the FederalRailroad Safety Act, it would appear that state and local governments are preemptedfrom enacting legislation that would prevent or hinder the transportation of hazardousmaterials in interstate commerce. In addition, the Constitut