Communities across the country are directly affected by the movement and handling of hazardous materials within their boundaries. They also have an interest, and frequently the obligation, to enforce environmental laws in a variety of contexts. Kaplan, Kirsch & Rockwell lawyers represent state and local governments in connection with the complex regulatory issues governing hazardous materials transportation and the general enforcement of environmental laws. Many aspects of the control of hazardous materials and environmental protection are governed solely by federal law, but identifying the points at which federal and state jurisdiction meet or overlap requires precise analysis. Kaplan, Kirsch & Rockwell attorneys provide skilled counsel to help state and municipal clients aggressively defend their interests, circumscribe areas of federal and local jurisdiction, and move forward with legal, policy and legislative strategies. This work involves specialized knowledge of, and practice before, the Surface Transportation Board, Federal Railroad Administration and other state and federal administrative agencies. Our recent efforts in this area include the successful representation of state and county governments in numerous parallel proceedings before the Surface Transportation Board and in state court on issues relating to the scope of federal preemption of state environmental law, and ongoing representation of a municipal government in simultaneous agency and federal court litigation of issues relating to the transport and handling of ethanol.
