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  5. 37 F.Supp.2d 152 (1999)
 

DEPT. OF ENV. CONSERV. v. U.S. DEPT. OF TRANSP.

No. 97-CV-784 (FJS)(RWS).

37 F.Supp.2d 152 (1999)

STATE OF NEW YORK BY ITS DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Plaintiff, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Rodney Slater, Secretary of Transportation, Defendants, and Association of Waste Hazardous Materials Transporters, Intervenor-Defendants.

United States District Court, N.D. New York.

February 9, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General for the State of New York, Albany, NY (David A. Munro, Asst. Atty. Gen., of counsel), for plaintiff.

Thomas J. Maroney, United States Attorney for the Northern District of New York, Albany, NY (Thomas Spina, Jr., Asst. U.S. Atty. of counsel), United States Department of Justice, Washington, D.C. (Margaret S. McCarty, Special Asst. U.S. Atty. of counsel), for defendants.

Mayer, Brown & Platt, New York City (Philip A. Lacovara, of counsel), for Intervenor-Defendant.

Department of Environmental, Protection, Tallahassee, FL (Augusta P. Posner, Asst. Atty. Gen., of counsel), for Amicus Curiae.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

Introduction

Plaintiff, the State of New York acting through its Department of Environmental Conservation ("NYDEC"), brings this action seeking the judicial review of a preemption determination made by the United States Department of Transportation ("DOT"). In that agency ruling, DOT found that New York regulation 6 N.Y.C.R.R. § 372.3(a)(7)(i), which in very general terms prohibits the...

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