Legal Opinion
Delaware v. Surface Transportation Board
Court of Appeals for the D.C. Circuit
Decided June 9, 2017No. 16-1121PublishedCited by 26 opinions
1Opinion of the Court
ROGERS, Circuit Judge:
The State of Delaware has attempted to limit nighttime noise caused by idling railroad locomotives in residential areas. Un der Delaware Senate Bill 135 (“SB 135”) “[n]o person may permit the nonessential idling of a locomotive under its control or on its property between 8 p.m. and 7 a.m.,” except in non-residential areas zoned for industrial use. Del. Code tit. 21, § 8503(a), (c). Acknowledging the need of locomotives to idle nonetheless, the statute exempts idling caused by: (1) traffic conditions; (2) the direction of a law-enforcement officer; (3) the operation of…
2Cases cited22 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Wyeth v. LevineSupreme Court of the United States · 2009
- New Orleans & Gulf Coast Railway Co. v. BarroisCourt of Appeals for the Fifth Circuit · 2008
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Student Loan Servicing Alliance v. Dist. of ColumbiaCourt of Appeals for the D.C. Circuit · 2018
- Mark Griffioen, Joyce Ludvicek, Mike Ludvicek, Sandra Skelton, and Brian Vanous, Individually and on Behalf of All Others Similarly Situated v. Cedar Rapids and Iowa City Railway Company, Alliant Energy Corporation, Union Pacific Railroad Company, and Union Pacific Corporation.Supreme Court of Iowa · 2018
- State of Indiana v. Norfolk Southern Railway CompanyIndiana Supreme Court · 2018
- Childrens Health Defense v. FCCCourt of Appeals for the D.C. Circuit · 2022
- State v. BNSF Railway Co.Court of Appeals of Kansas · 2018
21 more not listed; retrieve them via the Exa API.