Hazardous Materials Transportation

Overview

The Hazardous Materials Transportation Team counsels on the domestic and international regulatory requirements for all transport modes. The team represents shippers, carriers, and packaging suppliers in the transportation of hazardous materials by highway, rail, water, air, and pipeline. We have a thorough understanding of federal hazardous materials regulations, as well as international codes such as the ICAO Technical Instructions, IATA Dangerous Goods Regulations, and the ADR.

Alston & Bird routinely counsels on the proper identification and packaging of hazardous materials, special packaging and labeling requirements, quantity limits, special permits, and exceptions from regulatory requirements. We help you design and update hazardous materials transportation training programs, assist with auditing your company’s compliance with regulations and training programs, and advise on the preparation and safe transportation of specific materials such as lithium batteries, medical waste, and Category A and B infectious substances.

The team also represents clients in compliance matters and enforcement defense before transportation agencies such as the Federal Aviation Administration and the Pipeline and Hazardous Materials Safety Administration.

Experience

• Represented the world’s leading transportation and logistics company through administrative litigation challenging notices of violation in multiple FAA regions alleging failure to notify the FAA of hazardous materials incidents.
• Conducted regulatory due diligence for a Fortune 50 company on hazardous materials service expansions in 30 international jurisdictions.
• Defended a criminal proceeding in San Diego pertaining to alleged hazardous materials transportation violations; won dismissal on federal preemption grounds.
• Advised a global logistics company in negotiations with its retail customer on the customer’s transportation of used retail items to its warehouses.
• Advised numerous manufacturers, retailers, and transporters on the safe and compliant transportation of lithium batteries via air and ground.
• Advised a medical laboratory and testing company on proper preparation of at-home-use testing kits for return shipment by customers to the company’s labs.
• Advised numerous waste transportation and management companies on proper transportation of waste generated by hospitals and similar entities performing health care services.
• Counseled a motor vehicle service and logistics company through an FAA notice of violation (NOV) the company received after a package that had been shipped from its facility was found leaking at an air freight facility. The FAA agreed to drop the NOV altogether following meetings with civil investigators and legal staff to show that the company had no involvement in or awareness of the unauthorized shipment.
• Assisted a manufacturing company in negotiations with the FAA over a package containing hazardous materials that was accepted for transportation at a retail store and was found damaged and leaking at an air freight facility. Negotiated the proposed penalty down by approximately 40%. Also assisted with revisions to the company’s in-store package acceptance guidelines.
• Advised retailers on potential liability for packages that did not comply with hazardous materials regulations, including packaging and marking requirements. Analysis included review of past penalty and enforcement cases involving similar allegations to advise on potential risk.
• Advised several retail and manufacturing companies on the Hazardous Materials Regulations and their applicability and scope, including packaging and labeling requirements, limited quantity and consumer commodity exceptions, and international/EU hazardous materials (dangerous goods) requirements.