· 2/1/2012
Texas Central Business Lines Corp. v. City of Midlothian
Citations
- 669 F.3d 525
- 2012 WL 309103
- 2012 U.S. App. LEXIS 1875
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a city grading ordinance and requirement that roads be paved in concrete were expressly preempted by the ICCTA insofar as the roads supported railroad transloading and thus local road regulations effectively managed railway economic decisions
- noting that state laws may be preempted if they unreasonably burden or interfere with rail transportation
- transloading of hydraulic fracking sand, including offloading sand from railcars to silos and loading onto trucks
- “[E]nactments that have the effect of managing or governing, and not merely incidentally affecting, rail transportation are expressly or categorically preempted under the ICCTA.” (internal quotation omitted)
- “The ICCTA prohibits the City from controlling how railroad track embankments are constructed. . . . [T]he City’s grading ordinance and its requirement that roads be paved in concrete are expressly preempted.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Stewart, Southwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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