Recent Legal Developments in Radioactive Materials Transportation: A U.S. Department of Energy Perspective

The Hazardous Materials Transportation Act (IDviTA) authorizes the U.S. Department of Transportation (001) to promulgate rules governing the safe transportation in commerce of hazardous materials, including radioactive materials. The HMTA further provides that any State or local government requirement is preempted, and thus invalid, if it is inconsistent with a DOT requirement issued pursuant to the HMT A. DOT has issued 27 Inconsistency Rulings, setting forth a continuously developing body of advisory opinions on this subject DOT has upheld State and local regulation in certain limited areas, such as inspection requirements and immediate, oral accident reporting, but State and local rules requiring special or additional insurance, equipment, time-of-day restrictions, and pre-notification requirements have been held invalid. Furthennore, requirements causing significant delays or unreasonable redirecting or restricting of nuclear materials transportation have been held inconsistent.