People v. Burlington Northern Santa Fe Railroad
Opinion
Lead Opinion
Bruiniers, J.
General order No. 135 of the Public Utilities Commission (PUC) regulates the length of time a stopped railroad train may block public grade crossings. Appellant Burlington Northern Santa Fe Railroad (BNSF) was convicted, after a bench trial, of a misdemeanor violation of that order. (Pub. Util. Code, § 2110.) 1 BNSF appeals the conviction.
The question we address is whether the PUC general order on which the conviction is based is preempted by either the Interstate Commerce Commission Termination Act (ICCTA; 49 U.S.C. § 10101 et seq.) or the *1517 Federal Railroad Safety Act of 1970 (FRSA; 49 U.S.C. § 20101 et seq.). The trial court found the order not to be preempted by either the ICCTA or the FRSA. We conclude that PUC general order No. 135 is preempted by federal law and, accordingly, reverse the judgment.
I. Statutory Background
Congress has exercised “broad regulatory authority” over railroads for more than a century. (Island Park, LLC v. CSX Transportation (2d Cir. 2009) 559 F.3d 96, 102 (Island Park).) The Interstate Commerce Commission, created by the Interstate Commerce Act (Feb. 4, 1887, ch. 104, 24 Stat. 379 ) in 1887, was abolished by the ICCTA in January…
Concurring Opinion
Needham, J.
Like the majority, I conclude that California’s Public Utilities Commission (PUC) general order No. 135 (Order 135) is preempted by federal law. I reach that conclusion, however, by a different route: while the majority rules that the Federal Railroad Safety Act of 1970 (FRSA; 49 U.S.C. § 20101 et seq.) does not apply and the order is preempted under the Interstate Commerce Commission Termination Act (ICCTA; 49 U.S.C. § 10101 et seq.), I believe the FRSA does apply and the order does not fall within the FRSA’s savings clause.
A. The FRSA Applies
The test to determine whether preemption analysis should proceed under the FRSA is summarized in Island Park, LLC v. CSX Transportation (2d Cir. 2009) 559 F.3d 96 (Island Park). In Island Park, the court stated: “[the] *1532 FRSA provides the appropriate basis for analyzing whether a state law, regulation or order affecting rail safety is preempted by federal law.” (Island Park, at p. 107, italics added, citing Tyrrell v. Norfolk Southern Railway Co. (6th Cir. 2001) 248 F.3d 517, 523 (Tyrrell).) In other words, if the order affects rail safety, it must be analyzed for preemption purposes under the FRSA.