Delaware v. STB, No. 16-1121 (D.C. Cir. 2017)Annotate this Case
Delaware petitioned for review of the Board's order determining that Senate Bill 135 was categorically preempted under 49 U.S.C. 10501(b) of the Interstate Commerce Act, as broadened in the Interstate Commerce Commission Termination Act of 1995 (ICCTA). The DC Circuit held that SB 135 was a regulation of rail transportation under the ICCTA, and Delaware's challenges to the Board's determination that SB 135 was categorically preempted by the ICCTA were unpersuasive. In this case, SB 135 directly regulates rail transportation by prohibiting locomotives from idling in certain places at certain times, in essence requiring that at night, in residential neighborhoods, they either shut down or keep moving. The court need not decide the precise level of deference owed to the Board's preemption determination because it survived under either standard of review.