United States Fourth Circuit
Norfolk S. Ry. Co. v. City of Alexandria, 09-1566
In an action for a declaratory judgment against a city, arising from an ordinance to regulate ethanol transloading at plaintiff's facility, judgment of the district court is affirmed in part, dismissed in part, and vacated where: 1) the ordinance, as applied to plaintiff through the permit, is preempted by the Interstate Commerce Commission Termination Act (ICCTA); 2) district court's judgment with respect to the Hazardous Materials Transportation Act (HMTA) and Federal Rail Safety Act (FRSA) is vacated; and 3) because the disposition of the ICCTA claim renders other preemption claims moot, the HMTA claim is dismissed.
Appellate Information
- Decided 06/16/2010
- Published 06/16/2010
Judges
Court
- United States Fourth Circuit