Southern Pacific Transportation Company v. Public Utility Commission of the State of Oregon, and Its Members

This ease concerns an Oregon law which permits local authorities to ban the sounding of locomotive whistles under certain conditions. Southern Pacific Transportation Company (“Southern Pacific”), a California-based railroad which operates freight trains in Oregon and many other states, contends that the state law is preempted by three federal statutes.

Southern Pacific moved for summary judgment on preemption grounds. Oregon then filed a cross-motion for summary judgment, claiming that its regulations were not preempted as a matter of law. Southern Pacific appealed the magistrate’s partial grant of summary judgment in favor of the appellees. We deferred submission of this case pending the Supreme Court’s decision in CSX Transp., Inc. v. Easterwood, — U.S. —, 113 S.Ct. 1732 , 123 L.Ed.2d 387 (1993). We now affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 19, 1990, Southern Pacific brought an action in federal court seeking to enjoin the enforcement of Oregon Revised Statute § 763.035, Public Utility Commission Rule 860-42-330, and Public Utility Commission Order No. 89-1037. Southern Pacific claimed that these regulations were preempted by three federal laws: the…