September 18, 2018
The Ninth Circuit's recent decision knocking down California's new fee on rail cars transporting hazardous materials but leaving the door open to such a levy if it were "fair" raises new questions on the breadth of federal preemption concerning railroad rates and services, experts say.
September 14, 2018
Federal law bars California's tax regulators from assessing a new fee on rail cars transporting hazardous materials like crude oil and chemicals, the Ninth Circuit ruled Thursday, affirming a major win for railroads in their suit alleging the fee is anti-competitive and interferes with federally protected interstate commerce.
March 10, 2017
BNSF Railway Co. and Union Pacific Railroad Co. pressed the Ninth Circuit on Thursday to uphold a federal court's ruling that blocked California's tax board and regulators from implementing a new law that slaps a fee on rail cars transporting hazardous materials such as crude oil and chemicals.