49 U.S.C. § 5101
Purpose
The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.
Notes of Decisions
Cited in 52
cases (15 in the last 5 years), 1995–2026 · leading case: Am. Chemistry Council v. Dep't of Transp., 468 F.3d 810 (D.C. Cir. 2006).
Am. Chemistry Council v. Dep't of Transp., 468 F.3d 810 (D.C. Cir. 2006). “§ 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 associations have not demonstrated Article III standing under the United…”
Haydel v. Hercules Transp., Inc., 654 So. 2d 418 (La. Ct. App. 1995). “Hercules and LPG answered the appeal, assigning as error the trial court's denial of its peremptory exception pleading the objection of no cause of action and/or no right of action.”
New Hampshire Motor Transp. Ass'n v. Town of Plaistow, 67 F.3d 326 (1st Cir. 1995). “, and the Hazardous Materials Transportation Uniform Safety Act of 1990, 49 U.S.C. § 5101 et seq. — and did not violate the Commerce Clause.”
CSX Trans, Inc. v. Williams, Anthony A., 406 F.3d 667 (D.C. Cir. 2005). “Act fails to satisfy the three safe harbor conditions in section 20106, we *671 need not resolve the District's status as a State vel non. .”
BNSF Ry. Co. v. Cal. Dep't of Tax & Fee Admin., 904 F.3d 755 (9th Cir. 2018). “II The majority's conclusion that the Hazardous Materials Transportation Act, 49 U.S.C. §§ 5101 - 5128 (HMTA), saves SB 84 from being preempted by ICCTA has no *773 basis in the language of HMTA and is contrary to Congress's longstanding determination that "only the Federal…”
People v. Union Pac. R.R. Co., 2006 Cal. Daily Op. Serv. 7119 (Cal. Ct. App. 2006). “Demurrers were sustained without leave to amend and the complaint was dismissed because the trial court concluded the People’s claims are pre *1238 empted in their entirety by the federal Hazardous Materials Transportation Authorization Act of 1994 (HMTA) ( 49 U.S.C. § 5101 et…”
Buono v. Tyco Fire Prods., LP, 78 F.4th 490 (2d Cir. 2023). “2156 , 2156, (1975) (codified as amended at 49 U.S.C. § 5101 ). To that end, the HMTA authorizes the Secretary of Transportation to designate materials as hazardous and to prescribe appropriate Hazardous Materials Regulations (“HMR”), 49 C.”
Herman v. Héctor I. Nieves Transp., Inc., 244 F.3d 32 (1st Cir. 2001). “Third, Nieves points out, correctly, that the Department of Transportation regulates trucking companies (including *36 Nieves) 6 conducting business solely within Puerto Rico pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq. Nieves suggests that…”
Diehl v. CSX Transp., Inc., 349 F. Supp. 3d 487 (W.D. Pa. 2018). “" 49 U.S.C. § 5101 . The Act gives the Secretary of Transportation the authority to designate certain materials as hazardous and to prescribe regulations for the transportation of those materials.”
R. Mayer of Atlanta, Inc. v. City of Atlanta, 158 F.3d 538 (11th Cir. 1998). “preemption provisions contained in the Hazardous Materials Transportation Authorization Act of 1994 (“HTMA Act”), codified at 49 U.S.C.A. § 5101 et seq. See 943 F.Supp.”
In re In re, 339 F. Supp. 3d 185 (S.D. Ill. 2018). “Regulatory Schemes There are three interwoven regulatory schemes relevant to the ocean shipment of dangerous goods and to this decision: the Hazardous Materials Code ("HMR"), 49 C.”
In Re New Orleans Train Car Leakage Fire Litig., 671 So. 2d 540 (La. Ct. App. 1996). “In concluding that the statute was not preempted by the HMTA, the court noted that the purpose of the HMTA was "to provide adequate protection against the risks of life and property inherent in the transportation of hazardous material in commerce by improving the regulatory and…”
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