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COM. OF MASS. v. U.S. DEPT. OF TRANSP.

No. 95-5175.

93 F.3d 890 (1996)

COMMONWEALTH OF MASSACHUSETTS, Appellant, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 1996.

Attorney(s) appearing for the Case

Douglas H. Wilkins, Boston, MA, argued the cause and filed the briefs for appellant. William L. Pardee, Boston, MA, entered an appearance.

Sushma Soni, Attorney, United States Department of Justice, Washington, DC, argued the cause for appellee, with whom Frank W. Hunger, Assistant Attorney General, Mark B. Stern, Attorney, Eric H. Holder, Jr., United States Attorney, Paul M. Geier, Assistant General Counsel, United States Department of Transportation, and Peter J. Plocki, Attorney, were on the brief.

Daniel R. Barney, Robert Digges, Jr., Alexandria, VA, and Roy T. Englert, Jr., Washington, DC, were on the brief, for amicus curiae.

Before: SENTELLE, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Concurring opinion filed by Circuit Judge ROGERS.

SENTELLE, Circuit Judge:

The Commonwealth of Massachusetts ("Commonwealth" or "Massachusetts") appeals a District Court's dismissal of its action seeking judicial review of a declaration by the Department of Transportation ("DOT") that a Massachusetts licensing requirement was preempted by the Hazardous Materials Transportation Act ("HMTA"). DOT...

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