Legal Opinion

Del Grosso v. Surface Transportation Board

Court of Appeals for the First Circuit

Decided October 16, 2015No. 15-1069PPublishedCited by 18 opinions

1Opinion of the Court

DYK, Circuit Judge.

Diana del Grosso, et al. (“petitioners”) petitioned the Surface Transportation Board (“Board”) for a declaratory order that state and local regulations of a facility owned by Grafton & Upton Railroad Company (“G & U”) were not preempted by the Interstate Commerce Commission Termination Act (“ICCTA”), Pub L. No. 104-88, 109 Stat. 803. The Board held that state and local regulations were preempted because the facility was part of “transportation by rail carrier.” 49 U.S.C. § 10501(a)(1). We affirm the Board’s decision that the facility was operated by a “rail carrier.” But…

2Cases cited26 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  5. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996

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3Cited by18 opinions

  1. Delaware v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2017
  2. Sears v. United StatesUnited States Court of Federal Claims · 2017
  3. Padgett v. Surface Transportation BoardCourt of Appeals for the First Circuit · 2015
  4. Worcester v. Springfield Terminal Railway Co.Court of Appeals for the First Circuit · 2016
  5. Southcoast Hospitals Group, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 2017

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