(The following article from the Times-Picayune’s website by Manuel Torres appeared on May 31.)
NEW ORLEANS — Jefferson Parish has no authority to regulate the Canadian National Railroad’s operations at the Mays Yard in Metairie, because railroad oversight falls exclusively under federal laws, the company argues in a lawsuit filed in federal court.
Striking back at the parish’s efforts to regulate hazardous materials at the yard, located behind the New Orleans Zephyrs baseball stadium, the railroad said parish officials “have no jurisdiction, regulatory or otherwise,” to impose any requirements or to “obstruct, impede or prohibit in any respect” the railroad operations.
The lawsuit comes two weeks after the parish began demanding that the company seek local permits and present emergency response plans for the Mays Yard, and two days after officials threatened to issue citations and possibly close the yard.
Attorneys for the company filed the suit late Thursday, shortly before the expiration of a parish deadline for the firm to file the requested information. The railroad is using the yard as an intermodal facility, which transfers containers from rail cars to trucks for final delivery.
On Friday, parish officials said they were halting any enforcement action while they consider their legal options. They also said they will seek another meeting with railroad executives to discuss the issue.
“The safety of the citizens is paramount, and I don’t want to have this thing tied up in a lawsuit,” said Councilman John Lavarine Jr., whose district includes the yard and who has criticized the railroad.
Railroad spokesman Jack Burke said a meeting has been set for early next week. Burke, who would not discuss the lawsuit beyond what was stated in court filings, said the company on Thursday also sent Jefferson Parish a letter “responding in detail to every one of their requests for information.”
Parish Attorney Tom Wilkinson said the parish received the letter, but that he could not discuss it or say whether it satisfied the parish’s requests.
In its suit, the Canadian National Railroad asks U.S. District Judge Ginger Berrigan to strike down a May 14 Parish Council resolution, sponsored by Lavarine, demanding that the railroad stop work at the Mays Yard until it applies for parish permits and explains its emergency -response plans.
Lavarine said the parish will insist that the railroad coordinates its emergency plans with local firefighters.
The lawsuit is also likely to become a test for the relatively new Interstate Commerce Commission Termination Act of 1995, which created a Surface Transportation Board to oversee federal regulation of railroads. The suit claims the act pre-empts all state and local regulations on railroads.
Likewise, the suit said local laws attempting to govern interstate railroads are also banned under the U.S. Constitution, the Hazardous Materials Safety Act and the Federal Railroad Safety Act. Congress enacted the two acts in part to replace multiple state and local laws with uniform federal regulations.
Parish President Tim Coulon, commenting on the conflict Wednesday, said that despite the federal regulations, the railroad has “a moral obligation” to help the parish ensure the safety of its residents.