42 U.S.C. § 11047
Exemption
Except as provided in section 11004 of this title, this chapter does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this chapter, including the transportation and distribution of natural gas.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 1997–2023 · leading case: Neighbors for a Toxic Free Cmty. v. Vulcan Materials Co., 964 F. Supp. 1448 (D. Colo. 1997).
Neighbors for a Toxic Free Cmty. v. Vulcan Materials Co., 964 F. Supp. 1448 (D. Colo. 1997). “42 U.S.C. § 11047 . If so, GATC is also not an “owner” or “operator” and summary judgment is appropriate.”
United States v. Multistar Indus. Inc (E.D. Wash. 2022). “The EPRCA, 42 U.S.C. § 11047 , also imposes a duty on owners and 18 operators of facilities that handle hazardous materials to prepare and submit 19 inventory forms that report the type and quantity of certain hazardous materials in 20 order to aid local emergency response…”
United States v. Multistar Indus. Inc (E.D. Wash. 2023). “42 U.S.C. § 11047 . 7 Defendant moves for summary judgment on its liability under EPCRA § 312 8 on the grounds that its rail cars and cargo trucks are not facilities covered by the 9 statute; the amount of TMA contained in the transloaders is below the threshold 10 reporting…”
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