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CHLORINE INSTITUTE, INC. v. CALIFORNIA HIGHWAY PATROL

No. 92-16858.

29 F.3d 495 (1994)

The CHLORINE INSTITUTE, INC.; DX Systems Company; General Chemicals Corp.; Jones Chemicals, Inc., Plaintiffs-Appellees, v. CALIFORNIA HIGHWAY PATROL, an agency of the State of California; State of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 11, 1994.

Attorney(s) appearing for the Case

Henry G. Ullerich, Interim Asst. Atty. Gen., Los Angeles, CA, for defendants-appellants.

Paul M. Donovan, LaRoe, Winn, Moerman & Donovan, Washington, DC, for plaintiffs-appellees.

Before: HUG, FARRIS, and O'SCANNLAIN, Circuit Judges.

Opinion by Judge HUG; concurrence by Judge O'SCANNLAIN.

HUG, Circuit Judge:

BACKGROUND

In 1975, Congress enacted the Hazardous Materials Transportation Act, 49 U.S.C. app. § 1801, et seq. ("HMTA") "to replace a patchwork of state and federal laws and regulations" concerning the transportation of hazardous materials, "with a scheme of uniform, national regulations." Southern Pac. Transp...

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