Legal Opinion

People v. UNION PACIFIC RAILROAD COMPANY

California Court of Appeal

Decided August 2, 2006No. C048336PublishedCited by 13 opinions

1Opinion of the Court

Opinion

SCOTLAND, P. J.

The People of the State of California filed a civil complaint against the Union Pacific Railroad Company (Union Pacific) and the Chemical Lime Company of Arizona (Chemical Lime) based upon the spillage of substantial quantities of calcium oxide into the environment.

Demurrers were sustained without leave to amend and the complaint was dismissed because the trial court concluded the People’s claims are pre empted in their entirety by the federal Hazardous Materials Transportation Authorization Act of 1994 (HMTA) (49 U.S.C. § 5101 et seq.) and the Federal Railroad Safety…

2Cases cited31 opinions

  1. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  2. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  3. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  4. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
  5. Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984

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3Cited by13 opinions

  1. City of San Jose v. Operating Engineers Local Union No. 3California Supreme Court · 2010
  2. Association of Irritated Residents v. Department of ConservationCalifornia Court of Appeal · 2017
  3. Home Depot U.S.A., Inc. v. Superior CourtCalifornia Court of Appeal · 2010
  4. Sacramento County Employees' Retirement System v. Superior CourtCalifornia Court of Appeal · 2011
  5. People Ex Rel. Brown v. Powerex Corp.California Court of Appeal · 2007

8 more not listed; retrieve them via the Exa API.

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