Legal Opinion
Southern Pacific Transportation Co. v. Public Service Commission of Nevada
Court of Appeals for the Ninth Circuit
Decided July 18, 1990No. 88-15541PublishedCited by 3 opinions
1Opinion of the Court
BEEZER, Circuit Judge:
Appellants, Southern Pacific Transportation Company (“SPTC”), and Thomas M. Tompkins appeal the district court’s order granting summary judgment for Public Service Commission of Nevada (“PSC”). Appellants argue that PSC regulations requiring rail carriers to obtain an annual permit prior to loading, unloading, transferring or storing hazardous material on railroad property within the state are preempted by the Hazardous Materials Transportation Act and the Federal Railroad Safety Act. They also argue that the district court failed to give sufficient deference to an…
2Cases cited5 opinions
- Udall v. TallmanSupreme Court of the United States · 1965
- Fu-Kong Tzung Jean Tzung v. State Farm Fire and Casualty Company, and Does 1 Through 100, InclusiveCourt of Appeals for the Ninth Circuit · 1989
- Aluminum Co. of America v. Central Lincoln Peoples' Utility DistrictSupreme Court of the United States · 1984
- State of California, Ex Rel. State Water Resources Board v. Federal Energy Regulatory Commission, Rock Creek Limited Partnership, IntervenorCourt of Appeals for the Ninth Circuit · 1989
- Consolidated Rail Corp. v. City of BayonneDistrict Court, D. New Jersey · 1989
3Cited by3 opinions
- Northern States Power Co. v. Prairie Island Mdewakanton Sioux Indian CommunityDistrict Court, D. Minnesota · 1991
- Southern Pacific Transportation Co. v. Public Service Commission Of NevadaCourt of Appeals for the Ninth Circuit · 1990
- The Chlorine Institute, Inc. v. California Highway PatrolCourt of Appeals for the Ninth Circuit · 1994