State of Ohio v. CSX Transportation, Inc.: Federal Preemption in Railroad Regulation
Posted
18 May 2023 in Case Notes
Do states have the authority to regulate how long trains can stop at grade crossings? That, in essence, is the question being presented in a recent petition for Supreme Court certiorari by the State of Ohio in its action against railroad behemoth CSX. Filed in November 2022, the petition arises after the Ohio Supreme Court, in a divided opinion in State of Ohio v. CSX Transportation, Inc., no. 2020-6038 (Ohio Aug. 17, 2022), held that federal law preempts such action...