CSX Can Sue Over Ala. Fuel Taxes: Supreme Court

Law360, New York (February 22, 2011, 2:46 PM EST) -- The U.S. Supreme Court ruled Tuesday that CSX Transportation Inc. has the right to challenge Alabama's decision to apply a sales tax on diesel fuel to the rail carrier but not to its water- and highway-based freight hauling competitors.

In a 7-2 decision, the high court held that interstate rail carrier CSX may challenge the Alabama Department of Revenue's generally applicable sales and use taxes as discriminatory in violation of the Railroad Revitalization and Regulatory Reform Act of 1976, reversing and remanding the U.S. Court of...
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