Hazardous Materials Transportation in an Age of Devolution
Bibliographic Data
| ID | 11674362 |
|---|---|
| Authors | Alex W Thrower (Urban Energy & Transportation Corporation, corresponding author), J Michael Martinez (0009-0006-7011-5657, Kennesaw State University) |
| Year | 1999 |
| Volume | 29 |
| Issue | 2 |
| Pages | 167-189 |
| Publication date | 1999-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The American Review of Public Administration (JOURNAL) |
| Journal identifiers | ISSN: 0275-0740 • E-ISSN: 1552-3357 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/02750749922064337 |
| OpenAlex | W2036309708 |
| Language | EN |
| References cited | 25 |
The United States has entered an age of devolution. As political responsibility has begun to shift from the federal government back to the states, many questions concerning an appropriate intergovernmental relationship remain unclear. In the area of environmental law, for example, the D.C. Circuit Court of Appeals decided a case, Massachusetts v. U.S. Department of Transportation (DOT) (1996), that restricted DOT’s authority to preempt state bonding requirements for hazardous materials transporters. The court’s ruling ignored many precedents indicating that Congress intended to provide broad preemption authority to DOT under the Hazardous Materials Transportation Uniform Safety Act and arguably undermined standards articulated by the U.S. Supreme Court in Chevron U.S.A. v. Natural Resources Defense Council (1984). This article explores the court’s opinion and asks whether the Massachusetts case represents a deliberate change in federalism principles or whether the holding is an example of a de facto devolution of power
Devolution (biology · Federal preemption · Federalism · Government (linguistics · Hazardous waste · Political science · Politics · Power (physics · Sociology · State (computer science · State law · Statute · Supreme court · Engineering · International Law and Aviation · Law · Legal and Constitutional Studies · Public Administration · Regulation and Compliance Studies
The Federalist
The Historical Roots of Our Ecologic Crisis
Repertoires and cycles of collective action
Power in Movement
Democracy in America
Federal Preemption and State Regulation of Transportation and Telecommunications
The Impact of United States v. Lopez on Intergovernmental Relations
Judicial Federalism
Five Trends in Government Liability under Environmental Laws
Is Federalism Dead or Alive in the Supreme Court? Implications for Public Administrators
Trash Talk
Intergovernmental Relations and Federalism in Environmental Management and Policy
Disunited States
State Responses to Fiscal Crises
Preemption in the U.S. Federal System
Environmental Protection and the New Federalism
The State of American Federalism, 1996-1997
Deficits and Devolution in the 104th Congress
The Ends of Federalism
A Behavioral Approach to the Rational Choice Theory of Collective Action
| Citation velocity | historical |
|---|---|
| Highly cited | No |