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Practices

Hazardous Materials

Our team is well versed in navigating the technical regulatory landscape surrounding hazardous materials transportation. Congress and federal agencies have adopted a complex web of laws and regulations governing the tender and transportation of hazardous materials across all modes of transportation in domestic and international commerce. The regulation of hazardous materials transportation has evolved from primarily focusing on safety to encompassing an equal balance of safety and security concerns. Failure to comply with hazardous materials regulations may result in substantial civil penalties for a company that is the subject of a regulatory enforcement action.

We have a deep understanding of the hazardous materials laws and regulations administered by the Pipeline and Hazardous Materials Safety Administration and other modal agencies within the U.S. Department of Transportation, as well as the International Maritime Dangerous Goods Code and the International Civil Aviation Organization’s dangerous goods standards. Our team assists companies in obtaining Special Permits and Competent Authority Approvals, working with agency contacts when required. We also have substantial experience representing clients in hazmat enforcement and federal agency rulemaking proceedings.

Legal 500 Leading Firm 2026

Our experience with hazardous materials matters includes:

  • Advising shippers, motor carriers, NVOCCs and other intermediaries regarding PHMSA, FRA, USCG, FMCSA, FAA and TSA hazardous materials safety and security compliance.
  • Providing guidance to and defending shippers in PHMSA, FAA and FRA hazardous materials enforcement matters, including matters involving crude oil, cosmetics, aerosols, paint and bulk chemicals.
  • Advising a broad range of companies, including motor carriers and major chemical and automotive companies, on PHMSA registration and FMCSA permitting requirements.
  • Assisting major chemical companies in obtaining special permits from PHMSA and the USCG.
  • Advising a logistics provider and an automotive parts manufacturer on PHMSA lithium-battery regulations.
  • Obtaining an interpretation letter from PHMSA for a client regarding the applicability of regulations to the transportation of crude oil and other flammable liquids in tank cars.
  • Assisting a shipper with obtaining expedited PHMSA approvals.
  • Providing guidance on regulatory rulemakings and other proceedings.
  • Preparing comments and testimony for trade associations and shippers in STB proceedings involving the carriage of hazardous materials by rail.
  • Testifying on behalf of two trade associations and three major chemical companies in an STB hearing on the common carrier obligation of railroads to transport hazardous materials.
  • Preparing comments on rail tank car safety standards for two major chemical companies and a trade association to submit to FRA and PHMSA.
  • Advising shippers and trade associations on a PHMSA rulemaking on the alternative routing of hazardous materials.