City of New York v. United States Dep't of Transportation: urban radioactive waste transportation gets another green light

The author examines the background of this suit, which invalidated a municipal law prohibiting the transportation of large quantities of radioactive waste through city streets. The analysis focuses on two major issues: (1) whether the Hazardous Materials Transportation Act gives the Department of Transportation (DOT) the rulemaking power to preempt local law, and (2) whether DOT should have prepared an environmental impact statement before rulemaking. It concludes that DOT's action was arbitrary, and suggests some intermediate actions that would aid DOT in making a more informed decision. This could include a verification of DOT environmental assessment data and a more complete analysis of human error. The case illustrates the need for a lesser degree of judicial deference to federal agency action with respect to the volatile and unpredictable area of hazardous waste transportation