Legal Opinion
Union Pacific Railroad v. California Public Utilities Commission
Court of Appeals for the Ninth Circuit
Decided June 17, 2003No. Nos. 01-15141, 01-15531PublishedCited by 2 opinions
1Opinion of the Court
OPINION
O’SCANNLAIN, Circuit Judge.
We must decide whether California’s regulations governing railroad track standards and internal railroad rules, which were adopted in response to train derailments within the state, are preempted by federal railroad safety laws or regulations.
I
On July 14, 1991, a train operated by the Southern Pacific Transportation Company derailed at the Cantara Loop near Dun-*856smuir, California and spilled metam sodium into the Sacramento River. The me-tam sodium killed fish and vegetation along the river for forty miles and caused wide-spread health problems for .area…
2Cases cited29 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Brown-Forman Distillers Corp. v. New York State Liquor AuthoritySupreme Court of the United States · 1986
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3Cited by2 opinions
- Union Pacific Railroad Company, Southern Pacific Transportation Company, Burlington Northern and Santa Fe Railway Company, and Brotherhood of Locomotive Engineers, United Transportation Union, Intervenors v. California Public Utilities Commission, P. Gregory Conlon, Jessie J. Knight, Henry M. Duque, Josiah L. Neeper, Richard A. Bilas, Commissioners of the California Public Utilities Commission, in Their Individual Capacities, Union Pacific Railroad Company, Southern Pacific Transportation Company, Burlington Northern and Santa Fe Railway Company, and Brotherhood of Locomotive Engineers United Transportation Union, Intervenors v. California Public Utilities Commission, and P. Gregory Conlon, Jessie J. Knight, Henry M. Duque, Josiah L. Neeper, Richard A. Bilas, Commissioners of the California Public Utilities Commission, in Their Individual CapacitiesCourt of Appeals for the Ninth Circuit · 2003
- Richard J. Wermerskirchen and Carol M. Wermerskirchen v. Canadian National Railroad, a/k/a CN, a/k/a CN Railway Chicago Central & Pacific Railroad, a/k/a CCP Illinois Central Railroad Company Tim Dorsey, and Josh YokemSupreme Court of Iowa · 2021