Norfolk Southern Gets Rail Yard Safety Order Tossed

Law360, Philadelphia (May 21, 2013, 3:53 PM EDT) -- Pennsylvania’s Commonwealth Court on Monday sided with Norfolk Southern Railway Corp. in ruling that federal regulations preempt a 1975 order from the state’s Public Utility Commission requiring the railroad to employ two brakemen around the clock to maintain safety at a rail yard.

The decision comes as a blow to the United Transportation Union, which had argued that the 1975 order does not cover the same subject as federal law and remains necessary to ensure safety. But a three-judge panel concluded that an administrative law judge for...
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