NJ Loses Fight To Sue Rail Co. Over Permits

Law360, New York (January 22, 2009, 12:00 AM EST) -- The New Jersey Department of Environmental Protection has lost its appeal of a judge's finding that federal law preempts the state's claims that a railroad company failed to secure the necessary permits and follow environmental requirements when it built a new facility.

The DEP asked the Superior Court of New Jersey Appellate Division to stay the case on the grounds that that the enactment of the federal Clean Railroads Act last year substantially changed the legal landscape of its case, which focused on whether the Interstate...
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