Attorney General Bonta Opposes ExxonMobil’s Request to Preempt Hazardous Materials Protections

OAKLAND — California Attorney General Rob Bonta joined a coalition of 18 attorneys general in submitting a comment letter to the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA), opposing ExxonMobil’s request for PHMSA to make an administrative determination that federal law preempts certain state common law claims pertaining to hazardous materials transportation. ExxonMobil is specifically requesting an administrative determination that would declare that the federal Hazardous Materials Transportation Act (HMTA) and hazardous materials regulations (HMR) preempt certain state common law tort claims involving the transportation, loading, and unloading of hazardous materials for gasoline transported by cargo tank motor vehicles. This includes blocking the ability to seek relief for certain injuries. In the letter, Attorney General Bonta and the coalition allege that this determination would undermine state residents’ rights and state authority related to hazardous materials transportation and storage.

“At the California Department of Justice, public safety is always our top priority. We believe that workers harmed by hazardous materials on the job have a right to compensation for their injuries. The court agreed, but now ExxonMobil has run to the Trump Administration for help,” said Attorney General Bonta. “When it comes to transporting and storing hazardous materials, there should be more protections, not less. We're asking that PHMSA and ExxonMobil listen to the court and join California in preserving and protecting state residents and state regulatory authority.” 

ExxonMobil’s application for a preemption determination originates from a New Jersey Superior Court case — Singh v. Exxon Mobil Corp., et al. — where common law tort claims were brought against ExxonMobil by a former gasoline delivery driver. The claims involve allegations of improper warnings and hazardous material classifications, inadequate procedures, inadequate employee training, and more. The court denied ExxonMobil’s motion for summary judgment on the ground that the driver’s state law claims were preempted by the HMTA and HMR, holding that the state tort claims were not preempted. ExxonMobil then sent a letter to PHMSA requesting a formal determination that New Jersey common law requirements, and those of other states nationwide, are preempted. On January 9, 2026, PHMSA issued a notice that it was considering this determination.

California has an interest in preserving state regulation of petroleum storage facilities, which ExxonMobil erroneously argues serve “pre-transport” functions. If finalized, the formal determination could be used to displace state regulation of such facilities by the HMTA and undermine state authority in hazardous materials transport, thereby risking harm to ecosystems and communities nationwide. It also risks undermining residents’ ability to seek redress of injuries related to hazardous materials transportation and storage.

Attorney General Bonta is committed to fighting against attempts to undermine state decision-making. Just this month, he opposed a similar request by Worthington Enterprises, Inc. — a propane cylinder manufacturer — for PHMSA to make an administrative determination that would preempt state law requiring reusable propane cylinders.

In sending this letter, Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Jersey,  New York, Oregon, Rhode Island, Vermont, Virginia, and Washington.