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01-1229 Washington v. Guillen (58419)

By: dmc-admin//January 20, 2003//

01-1229 Washington v. Guillen (58419)

By: dmc-admin//January 20, 2003//

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Section 409 is a proper exercise of Congress’ Commerce Clause authority to “regulate the use of the channels of interstate commerce” and “to regulate and protect the instrumentalities of interstate commerce, ” United States v. Lopez, 514 U.S. 549, 558. Congress adopted º152 to assist state and local governments in reducing hazardous conditions in the Nations’ channels of commerce, but that effort was impeded by the States’ reluctance to comply fully with º152’s requirements lest those governments become easier targets for negligence actions by providing a centralized location from which would-be plaintiffs could obtain much of the evidence necessary to sue. Because Congress could reasonably believe that adopting a measure eliminating an unforeseen side effect of º152’s

information-gathering requirement would result in more diligent collection efforts, more candid discussions of hazardous locations, better informed decisionmaking, and greater safety on the Nation’s roads, both the original º409 and the 1995 amendment can be viewed as legislation aimed at improving safety in the channels of commerce and increasing protections for the instrumentalities of interstate commerce.”

Dismissed in part, and reversed in part, and remanded.

Local effect:

Neither any Seventh Circuit nor Wisconsin court decisions have previously considered the issue.

Pierce County, Thomas, J.

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