United States Ninth Circuit

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BNSF Railway Co. v. California Department of Tax and Fee Administration, 16-17130

Affirmed the entry of a preliminary injunction preventing California from implementing Senate Bill 84, which requires railroads to collect fees from customers shipping certain hazardous materials and then to remit those fees to California. Two railroad companies filed this lawsuit asserting that the law violates three federal statutes and the federal constitution. Finding strong merit in the railroad companies' argument, the district court entered a preliminary injunction, and the Ninth Circuit affirmed.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/09/13

Judges

  • Fletcher

Court

  • United States Ninth Circuit

Counsel


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