Baltimore & Ohio Railroad v. Oberly

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This interlocutory appeal, returned to us by the United States Supreme Court, raises a legal question under the Supremacy Clause: whether Delaware’s noise control statute and regulations thereunder are facially preempted by section 17 of the Noise Control Act of 1972, 42 U.S.C. § 4916(c) (1982). Because we conclude that the state regulatory scheme at issue in this appeal is not facially preempted by the federal statute, we will vacate the district court’s order preliminarily enjoining enforcement of Delaware’s noise control statute…