Local Rule Limiting Train Emissions Is Pre-Empted By Federal Law

摘要

The Ninth Circuit Court concluded that, because the District's rules have the force of state law, rather than federal law, the ICCTA preempts those rules, unless they do not unreasonably burden railroad activity. As the District's three rules apply exclusively to railroad activity, and require railroads to reduce emissions and provide reports under threat of penalty, the court concluded that the District's rules cannot meet that test. Therefore, the Ninth Circuit Court concluded that the ICCTA preempted the District's three rules in the current case, and affirmed the district court's ruling.