CSX loses bid to freeze D.C. hazmat ban

WASHINGTON, April 19 (UPI) -- A federal judge has upheld the District of Columbia's ban on hazardous rail shipments through Washington, denying a bid by CSX Corp. to block the law.

U.S. District Judge Emmet G. Sullivan denied a request by the railroad's CSX Transportation unit to block the ban, which takes effect Wednesday, the Washington Post reported. CSX said it would appeal.

Sullivan said the District is entitled to take steps to protect itself from a catastrophic accident because the federal government has failed to do so.

The D.C. Council passed the emergency law in January, saying that it was necessary because the District was a top target for terrorist attack and that in a worst-case scenario, the puncture of a 90-ton tanker of chlorine could kill as many as 100,000 people in downtown Washington.

CSX filed suit in February to overturn the ban, and the federal government joined on the railroad's behalf. CSX contended the District law usurped the federal government's authority to regulate the railroads and violated the Constitution's protection of interstate commerce.

CSX spokesman Robert Sullivan, who is not related to the judge, said the company feared the law could set a precedent that could lead to a patchwork of laws that could "virtually shut down rail transportation of critical commodities in the United States." Baltimore, Pittsburgh and Philadelphia officials are considering similar restrictions.

The judge in his ruling said the federal government did not present a comprehensive rail security plan to him.