4th Circ. Strikes Down Va. City Ethanol Transport Rule

Law360, New York (June 17, 2010, 6:14 PM EDT) -- In a win for Norfolk Southern Railway Co., a federal appeals court has affirmed a lower court's ruling that the Interstate Commerce Commission Termination Act preempts an Alexandria, Va., ordinance restricting the transport of ethanol.

The U.S. Court of Appeals for the Fourth Circuit on Wednesday said the ICCTA trumped any state or local law that allows for the thwarting of the function of a rail carrier, mostly upholding an earlier decision in the U.S. District Court for the Eastern District of Virginia.

“It is well-established...
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