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Title:

PREEMPTION: HOW DO WE DEAL WITH INTERJURISDICTIONAL CONFLICTS WITH LAW?

Accession Number:

00376325

Record Type:

Component

Availability:

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Order URL: http://worldcat.org/issn/0360859X

Abstract:

The problem of preemption and interjurisdictional conflicts with the law is defined and the establishment of general rules on preemption by judicial decisions is discussed. The article also discusses how the Department of Transportation (DOT), in the course of its administrative proceedings, has applied judicial rules of preemption to issues arising under the Hazardous Materials Transportation Act (HMTA). Several outstanding legal issues have yet to be settled by the courts. The most significant of these are discussed and include the following: What is the legal effect of an inconsistency ruling? What "local safety hazards" justify state or local action? It is noted that DOT can develop its substantive rules so as to minimize litigation arising from interjurisdictional conflict. The various ways in which they could do this are noted. It is also noted that DOT can enact guidelines to minimize confusion in the field of preemption.

Supplemental Notes:

Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved. This paper appeared in Transportation Research Special Report No. 197, Transportation of Hazardous Materials: Toward a National Strategy (Volume 2).

Monograph Accession #:

00376315

Corporate Authors:

Transportation Research Board

500 Fifth Street, NW
Washington, DC 20001 United States

Authors:

Healy, J K

Pagination:

pp 39-43

Publication Date:

1983

Serial:

Transportation Research Board Special Report

Issue Number: 197
Publisher: Transportation Research Board
ISSN: 0360-859X

Media Type:

Digital/other

Features:

References (25)

Old TRIS Terms:

Subject Areas:

Freight Transportation; Highways; Law; Operations and Traffic Management; Safety and Human Factors; I73: Traffic Control; I81: Accident Statistics

Files:

TRIS, TRB, ATRI

Created Date:

Sep 30 1983 12:00AM

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