COLORADO PUBLIC UTILITIES COMMISSION and State of Colorado, Plaintiffs-Appellees,
v.
Lawrence HARMON and United States Department of Energy, Defendants-Appellants,
Wisconsin Electric Power Company, Virginia Power Company, TU Electric Company, Rochester Gas and Electric Corporation, Public Service Electric & Gas Company, Pennsylvania Power & Light Company, Northern States Power Company, Northeast Utilities, New York Power Authority, Georgia Power Company, Florida Power & Light Company, Duquesne Light Company, Commonwealth Edison Company, Carolina Power & Light Company, Baltimore Gas & Electric Company, American Electric Power Service Corporation, Alabama Power Company, State of California, State of Illinois, State of Michigan, State of Minnesota, State of Nevada, State of Texas, State of Vermont, State of Virginia, State of Washington, State of Wisconsin, New Mexico Health and Environment Department, the Environmental Defense Fund, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
December 18, 1991.
December 18, 1991.
Attorney(s) appearing for the Case
Kenneth Starr (Michael Jay Singer and Alfred Mollin, Dept. of Justice, Washington, D.C., and Michael J. Norton, U.S. Atty., and Stuart M. Gerson, Asst. Atty. Gen., on the briefs), Dept. of Justice, Washington, D.C., Henry Gill and P. Benjamin Underwood, Office of Gen. Counsel, Dept. of Energy, C. Dean McGrath, Jr., Acting Gen. Counsel, Dept. of Transp., and Barbara Betsock and Edward H. Bonekemper, III, Office of Chief Counsel, Research and Special Programs Admin., Dept. of Transp., of counsel, for defendants-appellants.
Florence J. Phillips (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., and Mana Jennings-Fader, Asst. Atty. Gen., Denver, Colo., with her on the briefs), Sp. Asst. Atty. Gen., Cockrell, Quinn & Creighton, Denver, Colo., for plaintiffs-appellees.
Harry H. Voigt, Leonard M. Trosten, and Margaret M. Mlynczak, LeBoeuf, Lamb, Leiby & Macrae, Washington, D.C., on the brief for amici curiae Wisconsin Elec. Power Co., Virginia Power Co., TU Elec. Co., Rochester Gas and Elec. Corp., Public Service Elec. & Gas Co., Pennsylvania Power & Light Co., Northern States Power Co., Northeast Utilities, New York Power Authority, Georgia Power Co., Florida Power & Light Co., Duquesne Light Co., Commonwealth Edison Co., Carolina Power & Light Co., Baltimore Gas & Elec. Co., American Elec. Power Service Corp., and Alabama Power Co.
Donald J. Hanaway, Atty. Gen., and Carl A. Sinderbrand, Asst. Atty. Gen., State of Wis., and Neil F. Hartigan, Atty. Gen., Michelle Jordan, Chief, Environmental Control Div., and J. Jerome Sisul, Asst. Atty. Gen., State of Ill., on the brief, for amici curiae States of Cal., Ill., Mich., Minn., Nev., Tex., Vt., Va., Wash., Wis., and New Mexico Health and Environment Dept.
Melinda Kassen, Sr. Atty., and Carolyn Doris, Legal Intern, Environmental Defense Fund, Boulder, Colo., on the brief, for amicus curiae The Environmental Defense Fund, State of Colo.
Before McKAY, Chief Judge, BARRETT and TACHA, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TACHA, Circuit Judge.
Appellants appeal the district court's order granting summary judgment in favor of the Colorado Public Utilities Commission ("CPUC") and the State of Colorado. On appeal, the Department of Energy ("DOE") argues that the Hazardous Materials Transportation Uniform Safety Act of 1990 ("HMTUSA") and its implementing regulations preempt the CPUC's regulations requiring carriers of hazardous materials to carry the Colorado State Patrol telephone number...
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