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Industry, States Split Over PHMSA's Gasoline Preemption Ruling

So whatCarriers & drivers: PHMSA's preemption finding could block state tort claims over hazmat exposure; a reversal would restore those suits. Watch the docket.
FreightFiles Desk | October 29, 2026

PHMSA published Preemption Determination No. 42(R) on September 9, 2026, finding that New Jersey common-law tort claims against ExxonMobil over gasoline transport and handling — including failure-to-warn, training, and design-defect claims — are preempted by the Hazardous Materials Transportation Act (HMTA). The claims arose from litigation brought by a former hazmat worker, Peter Singh, and others alleging benzene exposure during loading and delivery.

A coalition of states led by New York, along with the plaintiffs, petitioned PHMSA on September 29, 2026 to reconsider, arguing the agency misapplied Supreme Court precedent and that the Occupational Safety and Health Act shields the claims from preemption.

On October 19, 2026, ExxonMobil filed detailed rebuttals, calling the states' arguments "meritless" and warning that a reversal would create a "patchwork" of conflicting state standards. The American Petroleum Institute and GPA Midstream Association filed supporting comments urging PHMSA to deny both petitions and uphold the determination. Truckers Movement for Justice, backed by Earthjustice, sided with the states and plaintiffs, saying the ruling strips injured hazmat workers of legal remedies.

What's next

  • PHMSA must rule on the pending petitions for reconsideration; no decision date is stated in the filings.
  • Any denial or reversal is subject to judicial review in a federal court of appeals under 49 U.S.C. § 5127(a).

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Industry, States Split Over PHMSA's Gasoline Preemption Ruling
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