News & Analysis as of

Preemption Surface Transportation

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

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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

Nossaman LLP

STB Jurisdiction Over Intrastate Passenger Rail

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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

Benesch

Now You See Them—Now You Don’t: The Magic of Using FAAAA Preemption to Make a Plaintiff’s State Law Claims Disappear

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Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more

Beveridge & Diamond PC

FedEx Enters Settlement with California District Attorneys to Partially Resolve Allegations of Mismanagement of Damaged Products,...

On July 28, 2015, FedEx Ground Package System, Inc. (“FedEx”) entered into a settlement agreement (“Settlement”) with a group of California District Attorneys to partially resolve allegations that the company stored and...more

Nossaman LLP

Recent Surface Transportation Board Preemption Decisions of Note

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In the last several months, the Surface Transportation Board (STB or Board) has issued a number of decisions further defining the scope of federal preemption. As the primary agency tasked with the economic regulation of the...more

Nossaman LLP

Must Calif. Dump Its Oil Spill Prevention Regime?

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On Oct. 7, 2014, the Association of American Railroads and two of its member rail carriers filed suit against California's Office of Spill Prevention and Response in an effort to strike down the state's recent effort to...more

Benesch

Flash No. 43 - A Favorable Decision Regarding the Massachusetts "ABC" Test

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The saga surrounding the challenges to the Massachusetts “ABC” Test for independent contractors has taken a potentially positive turn for the transportation industry. A decision issued by the U.S. Court of Appeals for the...more

BakerHostetler

The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves...

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On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation...more

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