Southern Pacific Transportation Co. v. Public Utilities Commission

MEMORANDUM OF OPINION AND ORDER

This is an action brought by Southern Pacific Transportation Company (“Southern Pacific”) for declaratory and injunctive relief against General Orders Nos. 26-D and 118 issued by defendant Public Utilities Commission of the State of California (“CPUC”). Southern Pacific contends that the orders are preempted by the Federal Railroad Safety Act (“FRSA”) and constitute an unreasonable burden on interstate commerce. CPUC has moved for summary judgment.

STATEMENT OF FACTS

In 1948, CPUC adopted General Order No. 26-D. This order prescribes the minimum distances (clearances) railroads must maintain between freight cars and structures located above and beside railroad tracks and between parallel tracks. The part of the order challenged here provides that, with certain exceptions, “[t]he minimum distance between center lines of parallel standard gauge tracks shall be fourteen (14) feet.” The order applies to tracks constructed or reconstructed after its effective date.

General Order No. 118 was adopted in 1963. That order requires railroads to maintain a two-foot wide continuous walkway on each side of their tracks. The order provides that “walkways…