(The following story by Joe Gyan Jr. appeared on The Advocate website on August 6, 2009.)
BATON ROUGE, La. — A judge refused Wednesday to put the brakes on a state Public Service Commission order requiring railroads to apply for PSC permission before closing private crossings across railroad tracks.
State District Judge William Morvant rejected the Louisiana Railroad Association’s request to block the PSC’s April order, saying the group failed to show the order would have any economic or operational impact on its member railroads.
Carmack Blackmon, an attorney for the railroad association, said after court it was too early for him to say whether the group will appeal the judge’s decision directly to the state Supreme Court.
Blackmon argued during Wednesday’s hearing that federal law does not allow the PSC to pre-approve the closing of railroad crossings.
“It’s not a public crossing. It’s a private crossing,’’ he told Morvant, adding that railroads are concerned about “potential liability’’ issues if forced to keep some private crossings open.
Railroads have been closing crossings after a spate of deaths in wrecks between trains and automobiles.
Some farmers have objected to the closings. A Tallulah farmer testified before the PSC in April that he could no longer access his property because the railroad pulled up the crossing that had existed for four decades.
“They (railroads) unilaterally close these private crossings,’’ PSC attorney Amanda Smith argued in court Wednesday.
Assistant State Attorney General Ryan Seidemann agreed and said the PSC order “protects private property owners’ rights.’’
Private crossings are those on roads not open for public use and include access to farms, plants and residences. The state has some 2,700 such crossings, Blackmon has said.
The Legislature passed a law last year giving the PSC authority to create procedures for railroads to follow before eliminating private crossings across tracks.
The PSC acted on the Legislature’s direction April 8, adopting rules that say railroads must apply to the PSC at least 180 days before a proposed closing.
The railroad association sued the PSC in June.
Railroads must provide information to the PSC and the owners of the property, including detailed descriptions of the closing, the reasons for it and an economic analysis, according to the new rules.
The PSC then would hold a hearing, Morvant noted.
The PSC began its history last century as the railroad commission. Over time, the agency assumed regulatory control over utility companies, telephone and trucking. Its regulation of railroads was dropped in the 1970s.
The Legislature last year passed a law giving the PSC authority to oversee safety issues involving railroads.