Congress, not cities, regulates interstate commerce. This law, while intended for a noble purpose, must therefore be struck down.

The fate of a District law banning rail shipments of hazardous materials was back before a federal judge yesterday, nearly two years after the prohibition was enacted by the D.C. Council.

The law, which was prompted by fears that the Capitol and other landmarks are vulnerable to a terrorist attack on rail lines that skirt downtown, was quickly challenged in 2005 by CSX Transportation Inc., which controls the key freight routes through the District. The law has never taken effect. Yesterday, a judge heard arguments to determine whether it ever will.

If this law is permitted to stand, it would be the first of many such regulations that would have the effect of rendering entire segments of track unusable by railroads, or forcing the massive rerouting of shipments to meet with each little town’s ordinances. Sorry – that goes against the fundamental constitutional order of things, assuming the courts properly construe the Constitution.

Posted by: Greg at 12:05 PM | No Comments | Add Comment
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