Legal Opinion
People v. Burlington Northern Santa Fe Railroad
California Court of Appeal
Decided October 16, 2012No. A133559PublishedCited by 14 opinions
1Opinion of the Court
Opinion
BRUINIERS, J.
General order No. 135 of the Public Utilities Commission (PUC) regulates the length of time a stopped railroad train may block public grade crossings. Appellant Burlington Northern Santa Fe Railroad (BNSF) was convicted, after a bench trial, of a misdemeanor violation of that order. (Pub. Util. Code, § 2110.)1 BNSF appeals the conviction.
The question we address is whether the PUC general order on which the conviction is based is preempted by either the Interstate Commerce Commission Termination Act (ICCTA; 49 U.S.C. § 10101 et seq.) or the *1517Federal Railroad Safety Act of…
2Cases cited31 opinions
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Maryland v. LouisianaSupreme Court of the United States · 1981
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992
- Elam v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2011
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3Cited by14 opinions
- Friends of Eel River v. North Coast Ry. Auth.California Supreme Court · 2017
- Town of Atherton v. California High-Speed Rail AuthorityCalifornia Court of Appeal · 2014
- BNSF Railway v. City of EdmondCourt of Appeals for the Tenth Circuit · 2022
- State of Indiana v. Norfolk Southern Railway CompanyIndiana Supreme Court · 2018
- State v. BNSF Railway Co.Court of Appeals of Kansas · 2018
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