· 9/15/2010
Ass'n of American Railroads v. South Coast Air Quality Management District
Citations
- 622 F.3d 1094
- 2010 U.S. App. LEXIS 19237
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- drawing “guidance on the scope of ICCTA preemption from the decisions of the Surface Transportation Board ..., to which we owe Chevron deference” (citing DHX, Inc. v. Surface Transp. Bd., 501 F.3d 1080, 1086 (9th Cir. 2007))
- nullifying local rules “aimed at limiting the air pollution created by idling trains”
- analyzing the issue of Board jurisdiction and preemption under federal law
- regulation limiting idling time of unattended locomotives to thirty minutes or less was preempted because it \directly regulate[d] rail operations\
- section 10501(b) “preempt[s] a wide range of 16 state and local regulation of rail activity”
- first, citing Bos. & Me. Corp. & Town of Ayer, No. 33971, 2001 WL 458685, at -6 (S.T.B. May 1, 2001); then quoting N.Y. Susquehanna & W. Ry. Corp. v. Jackson, 500 F.3d 238, 252 (3d Cir. 2007)
Source: CourtListener parenthetical corpus (CC0).
Judges: Rymer, Graber, Fisher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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