In Re the Speed Limit for the Union Pacific Railroad Ex Rel. City of Shakopee

OPINION

KALITOWSKI, Judge.

Relator Union Pacific Railroad challenges the authority of the Commissioner of the Minnesota Department of Transportation to impose a ten-miles-per-hour speed limit along a one-mile segment of its track in downtown Shakopee. Union Pacific argues that: (1) because the state’s ability to regulate train speed is preempted by federal regulations promulgated under the Federal Railroad Safety Act (FRSA), 49 U.S.C. §§ 20101-21311 (1994), the FRSA’s savings clause under 49 U.S.C. § 20106 does not apply; and (2) even if the savings clause applies to the regulation of train…