United States Ninth Circuit
Association of Am. Railroads v. S. Coast Air Qual. Mgmt., 07-55804
In an action by railroads seeking to enjoin a local governmental agency's rules aimed at limiting the air pollution created by idling trains, judgment for plaintiffs is affirmed where, because the agency's rules had the force and effect of state law, the Interstate Commerce Commission Termination Act preempted those rules because they were not rules of general applicability that did not unreasonably burden railroad activity.
Appellate Information
- Decided 09/15/2010
- Published 09/15/2010
Judges
- Susan P. Graber
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Daniel P. Selmi, Kevin M. Fong