News & Analysis as of

Preemption Railways

Mitchell, Williams, Selig, Gates & Woodyard,...

Road Salt Transloading Facility/Hazardous Substances: Federal Appellate Court Addresses Interstate Commerce Commission Termination...

The United States Court of Appeals for the Second Circuit (“Court”) addressed in a March 7th opinion a judicial challenge to a Shelburne, Vermont ordinance regulating hazardous substances and certain bylaws related to a salt...more

Pillsbury - Gravel2Gavel Construction & Real...

Ordinance Restricting Railways Use of a Storage Facility Permanently Enjoined

On March 7, the U.S. Court of Appeals for the Second Circuit decided the case of Vermont Railway, Inc. v. Town of Shelburne. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wood Pellet Facility/Manufacturing: Federal Appellate Court Addresses Surface Transportation Board Preemption Decision

The United States Court of Appeals for the First Circuit (“Court of Appeals”) addressed in an August 6 opinion whether certain activities involving wood pellets qualified as “transportation by rail carrier” under the...more

Nossaman LLP

STB Preempts a City's Effort to Force a Railroad to Reinstall a Grade Crossing

Nossaman LLP on

In a recent preemption decision, the Surface Transportation Board (“STB”) rejected a city’s attempt to mandate that a railroad reinstall a grade crossing. The STB’s order appears to call into question the enforceability of...more

Best Best & Krieger LLP

CEQA Not Preempted in State-Owned Rail Project - California Supreme Court Decision Could Impact High-Speed Rail Project

In a decision that could have significant implications for California’s high-speed rail project, the California Supreme Court recently held in Friends of the Eel River v. North Coast Railroad Authority that the federal...more

Nossaman LLP

STB Jurisdiction Over Intrastate Passenger Rail

Nossaman LLP on

In Florida, All Aboard Florida, a private entity, is about to launch passenger rail service from Miami to West Palm Beach, with future service extending to Orlando. In California, the California High-Speed Rail Authority is...more

Miller Starr Regalia

CEQA Roundup – Recent Developments

Miller Starr Regalia on

Numerous CEQA-related developments have recently been in the news. Some of possible interest include: Kings and Kern Counties, the Kings County Farm Bureau, and a number of other groups filed a petition on February 9 with the...more

Allen Matkins

California Environmental Law & Policy Update - January 2015 #3

Allen Matkins on

Environmental and Policy Focus - Rail case heading to state Supreme Court: Willits News - Jan 27: The Supreme Court of California has accepted review of a lower court decision holding that federal law implemented by...more

BakerHostetler

RE: Bakken Crude-by-Rail: Environmental Groups Ask New York State to Regulate DOT-111 Tank Cars

BakerHostetler on

A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more

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