Legal Opinion

Green Mountain Railroad v. Vermont

Court of Appeals for the Second Circuit

Decided April 14, 2005No. 04-0366-CVPublishedCited by 2 opinions

1Opinion of the Court

JACOBS, Circuit Judge.

Green Mountain Railroad Corporation (“Green Mountain”) proposed to build transloading facilities on its property in Vermont, and brings this action seeking a declaration that Vermont’s environmental land use statute, Act 250, Vt. Stat. Ann. Tit. 10, § 6001 et seq., is for that purpose preempted by the Interstate Commerce Commission Termination Act of 1995, 49 U.S.C. § 10101 et seq. (the “Termination Act”). The State of Vermont, its Agency of Natural Resources and the State Attorney General appeal from a judgment entered in the United States District Court for the…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  4. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  5. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982

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3Cited by2 opinions

  1. Green Mountain Railroad Corporation v. State Of VermontCourt of Appeals for the Second Circuit · 2005
  2. Town of Atherton v. California High-Speed Rail AuthorityCalifornia Court of Appeal · 2014

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