News & Analysis as of

ICCTA

Troutman Pepper

EDVA Judge Dismisses Negligence and Bailment Claims for Damage to Property Stored in Warehouse

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Parties involved in contract disputes often desire to avoid contractual limitations on recovery, fostering creative attempts to transform breach of contract claims into tort or other noncontractual causes of action. Such...more

Jones Day

CARB Approves Regulation to Reduce Railroad Emissions

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On April 27, 2023, the California Air Resources Board ("CARB") approved a first-in-the-nation regulation that limits the emission of greenhouse gases, criteria pollutants, and toxic air contaminants from locomotives in the...more

Venable LLP

Hydrogen Production and Carbon Sequestration May Require the Surface Transportation Board to Clarify Jurisdiction over Carbon...

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A coming wave of planned carbon sequestration projects related to the production of blue hydrogen and climate change remediation may force the Surface Transportation Board (STB) to clarify whether it has jurisdiction over the...more

Holland & Knight LLP

Railroads Seek to Avoid a Patchwork Quilt of Regulatory Requirements

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• The Clean Water Act imposes permitting obligations on "point sources." • Should those obligations apply to railroad cars, which move freely from state to state? • The U.S. railroad industry has asked the Surface...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 4, Issue 4

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your...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

Benesch

Federal Preemption, Brokers and Cargo Claims - A Primer and Update

Benesch on

U.S. Constitution - Article VI: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall...more

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

Railroad/Hazardous Materials Transportation: Federal Appellate Court Addresses Constitutional/Preemption Challenge to California...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a September 13th opinion a judicial challenge to California Senate Bill 84 (“SB 84”) which requires railroads to collect fees from customers...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

Best Best & Krieger LLP

Recent and Upcoming Changes to CEQA - BB&K Attorney Amanda Daams Discusses the California Environmental Quality Act in a...

The California Environmental Quality Act (CEQA), codified at Public Resources Code section 21000 et seq., is arguably California’s preeminent and most comprehensive environmental law. Originally published in Riverside...more

Miller Starr Regalia

When “Tigers Eat Their Young” – Federal Preemption Of CEQA In Context Of Railroad Projects Will Continue To Present Complex Issues...

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On April 30, 2018, the United States Supreme Court denied the petition for writ of certiorari filed in North Coast Railroad Authority v. Friends of the Eel River, U.S. Supreme Ct. Case No. 17-915, which presented this issue: ...more

Downey Brand LLP

Update: SCOTUS Declines Review of Friends of the Eel River CEQA Preemption Decision

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The United States Supreme Court will not be taking up the California Supreme Court’s July 2017 decision in the Friends of the Eel River case. In that decision, authored by Chief Justice Cantil-Sakauye, the California Supreme...more

Burr & Forman

Fourth Circuit Holds that Federal Courts Have Concurrent Jurisdiction with Surface Transportation Board over ICCTA Claims

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On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

Holland & Knight LLP

Rail Blocked Crossing Statute Upheld, Departing From Overwhelming Precedent

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Many states and municipalities have (or used to have) laws that limit the amount of time a railroad may block a traffic intersection. Time and again, courts have determined that these laws are preempted by either the...more

Nossaman LLP

Fourth Circuit Joins Three Others in Determining that the Federal Courts Have Concurrent Jurisdiction over ICCTA Claims

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On November 16, 2017, the United States Court of Appeals for the Fourth Circuit determined that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be litigated in the federal courts or at the...more

Best Best & Krieger LLP

California’s Bullet Train Can’t Sidestep CEQA, Court Says

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As physical signs of California’s $64 billion railroad project come into focus across the State, a potential faceoff with the federal government regarding its jurisdiction over state environmental laws, at least with regard...more

Sheppard Mullin Richter & Hampton LLP

Faceoff with Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also...

In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101 et seq.) (“ICCTA”) does not preempt the application of the California Environmental...more

Perkins Coie

CA Supreme Court Holds CEQA Not Preempted by Federal Rail Transportation Law for Projects Carried Out by State Agencies

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The California Supreme Court has issued its decision in Friends of the Eel River v. North Coast Railroad, an important case regarding preemption of state environmental law by the Interstate Commerce Commission Termination Act...more

Holland & Knight LLP

Calif. High Court: U.S. Rail Law Doesn't Categorically Pre-empt CEQA on Public Entity Projects - Decision Sets Up Showdown with...

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The California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21000 et seq., imposes significant procedural and substantive requirements on private and public projects throughout the state. However, even a state law...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

Downey Brand LLP

“Self-Governance,” Not “Regulation”: California Supreme Court Rules No Federal Preemption of CEQA under ICCTA for State-Owned Rail...

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On July 27, the California Supreme Court released its long-awaited decision in Friends of the Eel River v. North Coast Railroad Authority (S222472), resolving a split among the State’s courts of appeal—but arguably...more

Miller Starr Regalia

California Supreme Court Holds CEQA Applies to State Entity’s Railroad Project on State-Owned Rail Line As Act of...

Miller Starr Regalia on

On July 7, 2017, the California Supreme Court filed its 69-page opinion, written by Chief Justice Cantil-Sakauye and joined by five other justices, in Friends of the Eel River v. North Coast Railroad Authority, et al. (2017)...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

Downey Brand LLP

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

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On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Rules Surface Transportation Board Has Exclusive Jurisdiction Over Certain Railroad Repair Work

On November 23, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling that the Surface Transportation Board has exclusive jurisdiction over “railroad repair work done at the direction of a federally...more

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