CHEMICAL MFRS. ASS'N v. DEPARTMENT OF TRANSP.

No. 95-1582.

105 F.3d 702 (1997)

CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner, v. DEPARTMENT OF TRANSPORTATION and United States of America, Respondents, The Fertilizer Institute, Intervenor for Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1997.


Attorney(s) appearing for the Case

Paul M. Donovan, Washington, DC, argued the cause for petitioner, with whom David F. Zoll and Thomas E. Schick were on the briefs.

Peter J. Plocki, Senior Trial Attorney, U.S. Department of Transportation, Washington, DC, argued the cause for respondents, with whom Nancy E. McFadden, General Counsel, Paul M. Geier, Assistant General Counsel, and Dale C. Andrews, Deputy Assistant General Counsel, Washington, DC, were on the brief.

Richard A. Flye and Chris S. Leason, Washington, DC, were on the brief for intervenor The Fertilizer Institute.

Before: SENTELLE, RANDOLPH and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Chemical Manufacturers Association ("CMA") and The Fertilizer Institute ("TFI") petition for review of a Department of Transportation regulation that establishes a rebuttable presumption, applicable in civil administrative enforcement proceedings, that loose closures on railroad tank cars transporting hazardous materials result from the shipper's failure to conduct a proper inspection...

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