The Energy Marketers of America (EMA) submitted comments to the U.S. Department of Transportation (DOT) supporting Exxon Mobil Corporation’s request for a federal preemption determination under the Hazardous Materials Transportation Act (HMTA). The request seeks confirmation that state common law tort claims related to gasoline marking, employee training, loading and unloading operations, and hazardous materials classification are preempted by federal law.
EMA emphasized that fuel marketers operate within a highly regulated, interstate fuel distribution system that depends on the uniformity of the Hazardous Materials Regulations (HMR) to ensure safety, efficiency, and reliability. Allowing state tort claims to impose additional or conflicting requirements would create a patchwork of state-specific obligations, increasing compliance costs, operational complexity, and safety risks—particularly for small and mid-sized fuel distributors.
In its comments, EMA highlighted that:
- Divergent state requirements could force fuel marketers to manage multiple labeling schemes, training programs, and operational protocols for the same gasoline shipment.
- Such inconsistencies would undermine interstate commerce, disrupt disaster response, compromise fuel resiliency, and add cost at the pump.
- State tort claims effectively impose regulatory duties without notice-and-comment rulemaking, bypassing procedural safeguards that ensure transparency, feasibility, and stakeholder input.
EMA urged DOT to issue a determination confirming that the HMTA preempts state common law tort claims in this area, preserving uniform federal standards critical to the safe, efficient, and reliable transportation of gasoline nationwide.
EMA will continue to monitor developments and keep members informed.
