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Home / Opinion Digests / Municipal – Local Hauling Ordinance – Preemption (access required)

Municipal – Local Hauling Ordinance – Preemption (access required)

A city ordinance that has been applied to plaintiff railroad’s operation of an ethanol transloading facility for the transfer of bulk shipments of ethanol from railcars onto surface tank trucks, is preempted by the Interstate Commerce Commission Termination Act, the 4th Circuit says. These appeals concern whether three separate provisions of federal law serve to preempt ...

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