Ohio v. CSX Transportation, Inc.

Certiorari Denied

Petition for certiorari denied on January 8, 2024.

Docket No.22-459

Op. BelowOhio

Issue

(1) Whether 49 U.S.C. § 10501(b) preempts state laws that regulate the amount of time a stopped train may block a grade crossing; and (2) whether 49 U.S.C. § 20106(a)(2) saves from preemption state laws that regulate the amount of time a stopped train may block a grade crossing. CVSG: 11/21/2023

Proceedings & orders timeline

Nov 10, 2022

Petition for a writ of certiorari filed. (Response due December 15, 2022)Dec 2, 2022

Motion to extend the time to file a response from December 15, 2022 to January 16, 2023, submitted to The Clerk.

Dec 5, 2022

Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023. See Rule 30.1.

Dec 12, 2022

Amicus brief of Sheet Metal, Air Railr Transportaion Workers, Brotherhood of Locomotive Engineers and Trainmen, Academy of Rail Labor Attorneys not accepted for filing.(Duplicate Submission) (January 10, 2023)

Dec 12, 2022

Brief amici curiae of Sheet Metal, Air Railr Transportaion Workers, Brotherhood of Locomotive Engineers and Trainmen, Academy of Rail Labor Attorneys filed.Dec 15, 2022

Brief amici curiae of Indiana, et al. filed.Dec 15, 2022

Brief amicus curiae of Ohio Prosecuting Attorneys Association filed.Jan 5, 2023

Motion to extend the time to file a response from January 17, 2023 to February 16, 2023, submitted to The Clerk.

Jan 6, 2023

Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2023.

Feb 16, 2023

Brief of respondent CSX Transportation, Inc. in opposition filed.Feb 23, 2023

Reply of petitioner Ohio filed.Feb 23, 2023

Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.

Mar 1, 2023