Law360, New York (February 03, 2012, 8:55 PM ET) -- The Fifth Circuit on Wednesday ruled that federal interstate commerce law preempts local ordinances in relation to a dispute over the expansion of a Texas railroad operation, upholding most of a lower court’s ruling on the matter.
In a published opinion, a three-judge panel reversed the two instances in which the U.S. District Court for the Northern District of Texas found federal law did not overrule the city of Midlothian’s ordinances but affirmed the court’s finding that the rest were preempted.
In 2008, Midlothian objected to the...
Local Law Can't Regulate Texas Railroad Project: 5th Circ.
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