(Source: Lexology, January 8, 2018)
WASHINGTON, D.C. — In a recent preemption decision, the Surface Transportation Board (“STB”) rejected a city’s attempt to mandate that a railroad reinstall a grade crossing. The STB’s order appears to call into question the enforceability of state grade crossing removal laws. Yet, the exceptional circumstances involved with this removal indicate that railroads will not be able to rely on this decision to violate state crossing laws with impunity.
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