When Federal And State Railroad Regulation Collide

By Elizabeth Lake and Daniel Golub (August 11, 2017, 11:17 AM EDT) -- The California Environmental Quality Act, Cal. Pub. Res. Code §21000 et seq., imposes significant procedural and substantive requirements on private and public projects throughout the state. However, even a state law as broad as CEQA is limited by federal law.

In particular, the ICC Termination Act of 1995 (ICCTA)[1], which abolished the Interstate Commerce Commission, gives the federal Surface Transportation Board (STB) exclusive jurisdiction to regulate the rail industry and generally preempts state laws such as CEQA from imposing environmental preclearance requirements on private railway operations.

Rail opponents, however, have argued that CEQA does apply to railroad projects operated by California...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!