STB
SurfacePolicy Statement On Jurisdiction and Preemption Under the ICC Termination Act
The Board is issuing this Policy Statement on the scope of its jurisdiction over transportation by rail carriers and on preemption of conflicting state and federal laws under the ICC Termination Act of 1995 (ICCTA). The Policy Statement provides an overview of the Board’s jurisdiction and ICCTA preemption through a review of existing legal precedent, discussing many commonly occurring questions.
Topics in the Policy Statement:
This policy statement explains how the Board and state and federal courts have interpreted the Board’s authority over rail transportation and the preemption of state and local laws under ICCTA.2 Congress’ framework, set forth in ICCTA, has been interpreted in ways that ensure the uniform federal regulation over interstate rail transportation, which is critical to the American economy. Individual cases must be decided based on the facts, circumstances, and applicable law in each case, and this policy statement supports that endeavor by setting forth the Board’s general perspective on its jurisdiction and ICCTA preemption. Read more »
Transportation
Rail Carrier
Freight Rail Carriers (scroll down)
Passenger Rail Carriers
Common Carrier/Mainline Rail Lines
Ancillary/Excepted Track
Private Track
Historically Recognized Need for Uniform Federal Rail Regulation
The Jurisdiction and Preemption Provisions of 49 U.S.C. 10501(b) (scroll down)
STB Jurisdiction
ICCTA Preemption
Transportation by Rail Carrier or Related to Ancillary/Excepted Track or Facilities (scroll down)
What is Considered Transportation?
What is a Rail Carrier? (Freight Rail Carriers, Passenger Rail Carriers)
What is Considered Jurisdictional Track?
Common Carrier and Mainline Rail Lines
Ancillary and Excepted Track
Private Track
Categorical Preemption (scroll down)
As-Applied Preemption (scroll down)
Unreasonable Burden or Interference with Rail Transportation
Discrimination Against Rail Transportation
Taking of Railroad Property (scroll down)
Indirect Regulation of Shippers and Receivers (scroll down)
Abandonment of Rail Property Interests (scroll down)
Taking of Rail Carrier Property (scroll down)
Utilities and Pipelines Within the Railroad Right-of-Way (scroll down)
Blocked Crossings
Pedestrian or Road Crossings of Rail Lines
Locomotive Idling (scroll down)
Environmental Permitting, Zoning Ordinances, and Land Use Laws
Noise, Smoke, Appearance, and Other Nuisance-Related Claims (scroll down)
Design, Construction, or Maintenance of Rail Infrastructure
Breach of Contract (scroll down)
Routing of Traffic (scroll down)
Examples of Harmonization of ICCTA and Other Federal Laws
Harmonization with the Federal Railroad Safety Act
Harmonization with Federal Environmental Laws