Federal hazmat law preempts state tort claims for gasoline transport
- Docket
- Preemption Determination No. PD-42(R)
The decision covers cargo tank motor vehicles carrying gasoline. It blocks state lawsuits that try to impose different safety duties on hazmat drivers for marking, loading, unloading, or training.
Federal hazardous materials law now preempts state common law tort claims concerning the transportation of gasoline. The ruling applies to carriers and shippers moving gasoline in commerce.
State court claims that impose duties on marking, employee training, loading and unloading, or classification are blocked. Any state requirement on these subjects that is not substantively the same as federal hazardous materials regulations is preempted.
The determination responds to a lawsuit filed in New Jersey by a former driver. The driver claimed that benzene in gasoline creates an unreasonably high cancer risk for hazmat employees. Similar common law lawsuits have been filed in other states.
The public comment period closed on March 23, 2026. Carriers hauling gasoline can rely on federal hazardous materials regulations. State court claims that add different duties for marking, loading, unloading, or training will be blocked by this preemption ruling.
Source: Federal Register — https://www.federalregister.gov/documents/2026/09/09/2026-18382/hazardous-materials-notice-of-administrative-determination-of-preemption-for-common-law-tort-claims
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