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New York Susquehanna & W. Ry. Corp. v. Jackson

ELR Citation: 37 ELR 20228
Nos. No. 07-1675, (3d Cir., 09/04/2007)

The Third Circuit remanded a lower court decision that all of New Jersey's health, safety, and environmental regulations concerning the transfer of solid waste from truck to rail car were preempted by the Interstate Commerce Commission Termination Act. In so ruling, the court found that all of the state regulations were preempted rather than considering each regulation separately. The Termination Act, however, does not preempt state regulation if it is nondiscriminatory and not unreasonably burdensome. Because it appears from the record that some, but not all, of the regulations may meet this test, the lower court's order permanently enjoining the state from enforcing the regulations was vacated. On remand, the court must individually consider each regulation.