Statute
Interstate Commerce Commission Termination Act
7 published works
ContractsProf Blog
Court Orders Railway to Pay Swinomish Tribe $400 Million
Prior opinions in this case had already cleared away a number of issues.Did BNSF Railway Company (BNSF) violate a Right-of-Way Easement Agreement (the Easement Agreement)? Yes.Were the claims of the…
Energy & Environmental Law Adviser
Second Circuit Derails Municipal Ordinance Targeted at Railway Operations
By J. Michael Showalter, Katherine S. Walton
Municipalities and other local governments do not have free rein when it comes to regulating the environment, and the Second Circuit’s recent decision in Vermont Railway, Inc. v. Town of…
Real Estate, Land Use & Environmental Law Blog
Faceoff with Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also Vulnerable
By Whitney Hodges, Sheppard Mullin
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…
Constitutional Law Prof Blog
Ninth Circuit Says State Environmental Law is Preempted in Railway Repair
Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit ruled this week that the Interstate Commerce Commission Termination Act preempted an Oregon state environmental measure as it related to repairs…
Aviation & Airport
The Federal Surface Transportation Board Finds California Environmental Quality Act Preempted as Applied to High-Speed Rail Projects
By Barbara E. Lichman, Ph.D., J.D.
In a surprising decision, Surface Transportation Board Decision, Docket No. FD35861, December 12, 2014 (“Docket”), the Federal Surface Transportation Board (“Board”) ruled that the application of the California Environmental Quality…
CEQA Developments
First District Holds CEQA’s Application To Public Agency’s Approval of Railroad Operations Is Preempted By Federal Law Despite Agency’s Agreement To Conduct CEQA Review And Preparation of EIR
The North Coast Railroad Authority (NCRA), a public agency established by state law, contracted with Northwestern Pacific Railroad Company (NWPRC) to allow NWPRC to conduct freight services on tracks controlled…
Real Estate, Land Use & Environmental Law Blog
Level of Detail Adequate in High Speed Rail Authority’s Program EIR for Central Valley to Bay Area Rail Corridor
Town of Atherton v. California High‑Speed Rail Authority (7/24/14, C070877) The appellate court upheld the California High‑Speed Rail Authority’s Program EIR for the Central Valley to Bay Area portion of the…