Island Park, LLC v. CSX Transportation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• conducting an as-applied analysis to determine whether federal law claims for taking of property without compensation were preempted
• detailing findings of ALJ that conditions of private rail crossing posed “very serious safety concerns”
• referring to express statutory preemption provision of Interstate Commerce Commission Termination Act, 49 U.S.C. § 10501(b
• noting some courts and the STB “have declined to find pre-emption where state or local regulations does not interfere with rail operations”
• discussing ALJ’s findings about the safety concerns posed by private rail crossings
• “Congressional intent ‘primarily is discerned from the language of the pre-emption statute and the statutory framework surrounding it.’”

Source: CourtListener parenthetical corpus (CC0).