Read Aux Sable Liquid Products v. Murphy, 07-1402

In an appeal involving the scope of the Surface Transportation Assistance Act (STAA) preemption after defendant limited access to Interstate 57 on its local road to vehicles weighing less than 14 tons, summary judgment for plaintiff is affirmed where: 1) section 31114 of the STAA prohibits states from denying commercial vehicles "reasonable access" to and from the interstate while allowing state and local government to use their police powers over state highways and local roads so long as they do not impede "reasonable access" for commercial vehicles; and 2) although the STAA does not prohibit denying any form of access to and from the interstate, preemption occurs when reasonable access is denied.

Appellate Information

• Argued 12/05/2007
• Decided 05/19/2008
• Published 05/19/2008

Judges

• FLAUM, Circuit Judge., Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Christian G. Spesia (argued), Spesia, Ayers & Ardaugh, Joliet, IL, for Plaintiff-Appellee., John M. Izzo (argued), Hauser, Izzo, Detella & Petrarca, Flossmoor, IL, for Defendants-Appellants.