United States First Circuit
Del Grosso v. Surface Transportation Board, 15-1069
In an petition for a declaratory order that state and local regulations of a facility were not preempted by the Interstate Commerce Commission Termination Act (ICCTA), Pub L. No. 104-88, 109 Stat. 803, the Surface Transportation Board's decision that state and local laws were preempted because the facility was operated by a "rail carrier" is vacated where the Board relied on an erroneous standard in concluding that the activities at the facility were a part of "transportation."
Appellate Information
- Decided 10/16/2015
- Published 10/16/2015
Judges
- DYK
Court
- United States First Circuit