Missouri Pacific Railroad Company v. Railroad Commission of Texas

EDITH H. JONES, Circuit Judge:

Several railroads sought declaratory and injunctive relief against the Railroad Commission of Texas (“State” or “Commission”) alleging that certain railroad safety regulations recently promulgated by the Commission were preempted by regulations of the Federal Railroad Administration (“FRA”), enforcing the Federal Railroad Safety Act of 1970 (“FRSA”), 45 U.S. C. § 421 et seq. 1 The railroads alleged federal preemption and asserted inter alia that the Commission’s regulations unduly burdened interstate commerce and deprived them of property without due process of…