Legal Opinion
Southern Pacific Transportation Company v. Public Utility Commission of the State of Oregon, and Its Members
Court of Appeals for the Ninth Circuit
Decided November 15, 1993No. 91-35105PublishedCited by 49 opinions
1Opinion of the Court
D.W. NELSON, Circuit Judge:
This ease concerns an Oregon law which permits local authorities to ban the sounding of locomotive whistles under certain conditions. Southern Pacific Transportation Company (“Southern Pacific”), a California-based railroad which operates freight trains in Oregon and many other states, contends that the state law is preempted by three federal statutes.
Southern Pacific moved for summary judgment on preemption grounds. Oregon then filed a cross-motion for summary judgment, claiming that its regulations were not preempted as a matter of law. 1 Southern Pacific appealed…
2Cases cited10 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Powell v. McCormackSupreme Court of the United States · 1969
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- English v. General Electric Co.Supreme Court of the United States · 1990
5 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Willard Rushing and Patricia Rushing v. Kansas City Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1999
- United Transportation Union v. FosterCourt of Appeals for the Fifth Circuit · 2000
- Wilbur v. LockeCourt of Appeals for the Ninth Circuit · 2005
- Satomi Owners Ass'n v. Satomi, LLCWashington Supreme Court · 2009
- Kurns v. A.W. Chesterton Inc.Court of Appeals for the Third Circuit · 2010
44 more not listed; retrieve them via the Exa API.