PEOPLE v. UNION PACIFIC RAILROAD COMPANY Part I
In counties' action against railroad and chemical companies arising out of spillage of substantial quantities of calcium oxide into the environment, state requirement of immediate verbal notification of the spill and the imposition of a civil penalty for its violation; liability for remedial measures, such as abatement, cleanup, assessment and remediation of environmental injury; and consequential damages are not preempted by federal law. Imposition of civil penalties for the alleged failure to train employees and for the fact of the spillage itself are preempted by federal Hazardous Materials Transportation Act.
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