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City of Edmond, Oklahoma v. BNSF Railway Company

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-1296 10th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, in determining whether a state law affecting railroads is preempted, a court may look only to the Interstate Commerce Commission Termination Act, as the U.S. Courts of Appeals for the 5th and 10th Circuits have held, or whether courts must also consider all other relevant federal railroad statutes (such as the Federal Railroad Safety Act), as the U.S. Courts of Appeals for the 2nd, 6th, 8th, 9th, and District of Columbia Circuits have held; and (2) whether state authority over rail safety, expressly preserved by the FRSA, includes public safety at rail crossings, as the 8th Circuit holds with agreement from the relevant federal agency, or whether it is limited to state regulation of the safety of participants in the railroad system, as the 10th Circuit held.

DateProceedings and Orders (key to color coding)
Mar 22 2022Petition for a writ of certiorari filed. (Response due April 25, 2022)
Apr 13 2022Motion to extend the time to file a response from April 25, 2022 to May 25, 2022, submitted to The Clerk.
Apr 14 2022Motion to extend the time to file a response is granted and the time is extended to and including May 25, 2022.