Supreme Court of the United States · Official docket →
Ohio v. CSX Transportation, Inc.
Paid petition · Supreme Court of Ohio, No. 2020-0608 · judgment August 17, 2022
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a business respondent.
Questions presented
Ohio’s “Blocked Crossing Statute,” Ohio Rev. Code §5589.21, prohibits stopped trains from blocking public roads for longer than five minutes, with certain exceptions. No federal law addresses how long stopped trains may block a grade crossing. But two acts of Congress address when federal law preempts state laws related to railroads. The first is the Interstate Commerce Commission Termination Act. The Act grants the Surface Transportation Board “exclusive” jurisdiction over railroad “transportation.” 49 U.S.C. §10501(b). The second is the Federal Railroad Safety Act, which expressly permits States to enforce laws “related to railroad safety” until “the Secretary of Transportation … prescribes a regulation or issues an order covering the subject matter of the State requirement.” 49 U.S.C. §20106(a)(2). This case presents two overlapping questions:
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Does 49 U.S.C. §101501(b) preempt state laws that regulate the amount of time a stopped train may block a grade crossing?
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Does 49 U.S.C. §20106(a)(2) save from preemption state laws that regulate the amount of time a stopped train may block a grade crossing?
Counsel of record
For petitioner
Michael Jason Hendershot
Ohio Attorney General's Office
For respondent
Andrew Tauber
Winston & Strawn LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
4 cert-stage
Proceedings
- Jan 08 2024Petition DENIED.
- Dec 06 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 04 2023Supplemental brief of petitioner Ohio filed.
- Nov 21 2023Brief amicus curiae of United States filed.
- Mar 20 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Mar 01 2023DISTRIBUTED for Conference of 3/17/2023.
- Feb 23 2023Reply of petitioner Ohio filed.
- Feb 23 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Feb 16 2023Brief of respondent CSX Transportation, Inc. in opposition filed.
- Jan 06 2023Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2023.
- Jan 05 2023Motion to extend the time to file a response from January 17, 2023 to February 16, 2023, submitted to The Clerk.
- Dec 15 2022Brief amici curiae of Indiana, et al. filed.
- Dec 15 2022Brief amicus curiae of Ohio Prosecuting Attorneys Association filed.
- Dec 12 2022Amicus 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 2022Brief amici curiae of Sheet Metal, Air Railr Transportaion Workers, Brotherhood of Locomotive Engineers and Trainmen, Academy of Rail Labor Attorneys filed.
- Dec 05 2022Motion 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 02 2022Motion to extend the time to file a response from December 15, 2022 to January 16, 2023, submitted to The Clerk.
- Nov 10 2022Petition for a writ of certiorari filed. (Response due December 15, 2022)