City of Edmond, Oklahoma v. BNSF Railway Company
Petition for certiorari denied on June 21, 2022
Issue: (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.
Date | Proceedings and Orders |
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03/22/2022 | Petition for a writ of certiorari filed. (Response due April 25, 2022) |
04/13/2022 | Motion to extend the time to file a response from April 25, 2022 to May 25, 2022, submitted to The Clerk. |
04/14/2022 | Motion to extend the time to file a response is granted and the time is extended to and including May 25, 2022. |
05/25/2022 | Brief of respondent BNSF Railway Company in opposition filed. |
05/26/2022 | Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioners. |
05/31/2022 | DISTRIBUTED for Conference of 6/16/2022. |
06/02/2022 | Reply of petitioners City of Edmond, Oklahoma, et al. filed. (Distributed) |
06/21/2022 | Petition DENIED. |