Pace v. CSX Transportation, Inc.

How courts have described this case

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

• finding that the ICCTA preempted state law nuisance claims seeking monetary damages resulting from noise and smoke coming from a newly-constructed side track
• finding state-law nuisance claim preempted “where that liability arises from a railroad’s economic decisions”
• state law nuisance claim preempted under ICCTA because remedy sought would limit use or operation of side track
• “The ICCTA expressly preempts state remedies involving the operation of the side track. Therefore, we will not permit landowners to circumvent that Congressional decision through state law nuisance claims.”

Source: CourtListener parenthetical corpus (CC0).