Policy 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 »

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)

Examples of Harmonization of ICCTA and Other Federal Laws

Harmonization with the Federal Railroad Safety Act
Harmonization with Federal Environmental Laws