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The rapidly escalating attention directed at transportation of hazardous materials (HazMat) has prompted unprecedented government oversight and scrutiny, including by Congress, the U.S. Department of Transportation (DOT), the Environmental Protection Agency (EPA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Federal Emergency Management Agency (FEMA), the Federal Railroad Administration (FRA), the Federal Aviation Administration (FAA), the National Transportation Safety Board (NTSB), the Occupational Safety and Health Administration (OSHA), the Federal Motor Carrier Safety Administration (FMCSA), and state and local health, environment, and emergency response authorities. Clients need on their side a law firm capable of navigating the array of agencies and their varying vantage points and agendas to craft broad-based solutions. This is what Crowell & Moring's HazMat Transportation practice provides.

The increased production of shale crude oil and other HazMat has focused attention of both regulators and Congress on protecting the American people and the environment from the risks of HazMat transportation by all modes, including HazMat by air. Both federal and state regulators are considering actions to address potential risks associated with increased shipments of bulk flammable liquids by rail. This impacts a diverse range of areas squarely within Crowell & Moring's experience, including product risk, critical infrastructure, environmental liability, and cybersecurity, and could prompt similar regulation of other HazMat and additional modes of transportation.

Crowell & Moring is well-positioned to help manage risks associated with HazMat transportation in the following ways:

  • Assist in the assessment of compliance with the existing domestic and international regulatory framework, including the DOT HazMat Regulations, the International Air Transport Association (IATA) Dangerous Goods Regulations, and the International Maritime Dangerous Code (IMDG) Code.
  • Counsel on implementation of evolving regulations and new safeguards to increase public safety and protect business interests.
  • Engage with federal, state, and local government as the regulatory process develops.
  • Defend companies faced with rigorous inspections and enforcement actions, or in the event of an incident.

Given how highly automated today's transportation environment has become, our cybersecurity lawyers also participate in our HazMat Transportation practice to add perspective on the intersection of IT security and the movement of crude and other chemical shipments.

Crowell & Moring's experience in representing clients transporting HazMat is considerable. Click here for a listing of representative engagements.

View More

"OSHA Issues HazCom Enforcement Guidance to Manufacturers, Importers, and Distributors," Environment & Natural Resources Law Alert (February 24, 2015). Contact: Daniel W. Wolff
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"MSHA Jurisdiction Extends Over Coal Blending Facilities, According to the Fourth Circuit Court of Appeals," Environment & Natural Resources Law Alert (January 29, 2015). Contact: Daniel W. Wolff
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"Got Chemicals? The State of Play on Chemical Security Regulations," Advertising & State AG Alert (January 28, 2015). Contacts: Daniel W. Wolff, Evan D. Wolff, Warren Lehrenbaum
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"CPSC's Recent $2.6 Million Penalty Consent Decree Includes Mandatory Injunction Requiring Compliance Program and Liquidated Damages Provision," Advertising & State AG Alert (January 28, 2015). Contact: Cheryl A. Falvey
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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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