Legal Opinion
BNSF Railway Co. v. Public Utilities Commission
California Court of Appeal
Decided August 5, 2013No. C072746PublishedCited by 3 opinions
1Opinion of the Court
Opinion
ROBIE, J.
This writ of review proceeding presents the question of whether the Public Utilities Commission (the commission) has the authority to order railroads to stop using locomotive-mounted horns at certain pedestrian rail crossings in the City of San Clemente (the city). We conclude the answer to that question is “no,” because in Public Utilities Code section 7604 1 the Legislature has commanded that an audible warning device mounted on the train must be sounded at every rail crossing in the state, except those within federally established quiet zones. Because the pedestrian…
2Cases cited5 opinions
- Consumers Lobby Against Monopolies v. Public Utilities CommissionCalifornia Supreme Court · 1979
- Esberg v. Union Oil CompanyCalifornia Supreme Court · 2002
- City of Union City v. Southern Pacific Co.California Court of Appeal · 1968
- Santa Clara Valley Transportation Authority v. Public Utilities CommissionCalifornia Court of Appeal · 2004
- Assembly v. Public Utilities CommissionCalifornia Supreme Court · 1995
3Cited by3 opinions
- Pegastaff v. Public Utilities CommissionCalifornia Court of Appeal · 2015
- PegaStaff v. Cal. PUCCalifornia Court of Appeal · 2015
- Shin v. BNSF Railway Co. CA4/2California Court of Appeal · 2014