City of Edmond, Oklahoma v. BNSF Railway Company

(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.