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BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY v. Department of Transportation

Court of Appeals of Oregon

Decided April 15, 2009No. 115831; A133519PublishedCited by 11 opinions

1Opinion of the CourtRosenblum, J.

Petitioner Burlington Northern & Santa Fe Railroad Co. (BNSF) seeks judicial review of an order of the Oregon Department of Transportation (ODOT) imposing civil penalties for violations of OAR 741-125-0010, which generally prohibits trains from blocking railroad-highway grade crossings for more than 10 minutes. BNSF argues that ODOT’s order is invalid because, among other reasons, OAR 741-125-0010 is preempted by 49 USC section 10501(b), the preemption clause of the federal Interstate Commerce Commission Termination Act (ICCTA). We agree and therefore reverse.

The material facts are neither…

2Cases cited9 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  3. Friberg v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2001
  4. Emerson v. Kansas City Southern Railway Co.Court of Appeals for the Tenth Circuit · 2007
  5. New York Susquehanna and Western Railway Corp. v. JacksonCourt of Appeals for the Third Circuit · 2007

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3Cited by11 opinions

  1. FOX v. NORFOLK SOUTHERN CORPORATION Et Al.Court of Appeals of Georgia · 2017
  2. People v. Burlington Northern Santa Fe RailroadCalifornia Court of Appeal · 2012
  3. State of Indiana v. Norfolk Southern Railway CompanyIndiana Supreme Court · 2018
  4. City of Cayce v. Norfolk Southern Railway Co.Supreme Court of South Carolina · 2011
  5. State v. BNSF Railway Co.Court of Appeals of Kansas · 2018

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