S. Pac. Transp. Co. v. Pub. Utils. Comm'n, 820 F.2d 1111 (9th Cir. 1987). · Go Syfert
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S. Pac. Transp. Co. v. Pub. Utils. Comm'n, 820 F.2d 1111 (9th Cir. 1987). Cases Citing This Book View Copy Cite
50 citation events (22 in the last 25 years) across 24 distinct courts.
Strongest positive: Powell v. Union Pac. R.R., 864 F. Supp. 2d 949 (E.D. Cal. 2012)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
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Cited for
At page 1111 Affirming no federal preemption of state regulations4 citing cases“california's track clearance and walkway regulations have not been preempted by federal rule, regulation, order or standard covering the same subject matter as these state requirements.”2 citing courts quote it
  • Powell v. Union Pac. R.R., 864 F. Supp. 2d 949 (E.D. Cal. 2012).published
    The court in Southern Pacific stated “California’s track clearance and walkway regulations have not been preempted by federal rule, regulation, order or standard covering the same subject matter as these state requirements.” Id. at 1111.
  • Tyrell v. Norfolk S., No. 99-4505 (6th Cir. Apr. 25, 2001).published
    Co., 647 F. matter of law, statutory construction issues are reviewed de Supp. at 1224-27; 820 F.2d at 1111. novo on appeal.
  • Frederick W. Tyrrell v. Norfolk S. Ry. Co., 248 F.3d 517 (6th Cir. 2001).published
    Co., 647 F.Supp. at 1224-27 ; 820 F.2d at 1111.
  • Fernow v. Burlington N. & Santa Fe Ry. Co., 109 F. Supp. 2d 678 (S.D. Tex. 2000).published
At page 1225 cited at this page1 citing case
  • Opn. No. (N.Y. Att'y Gen. 1990).published
    The court agreed with California that the Federal regulations did not cover the same safety concerns as the state's because the Federal regulations were designed to insure that tracks have adequate support, and that employees can perform n…
Other citing cases5 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
SOUTHERN PACIFIC TRANSPORTATION COMPANY, Railway Labor Executives' Association, Intervenor-Appellee
v.
PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA Donald Vial, President Victor Calvo, Commissioner of Public Utilities Commission Priscilla C. Grew, Commissioner of the Public Utilities Commission Stanley Hulett, Commissioner of the Public Utilities Commission
No. 86-2983.
Court of Appeals for the Ninth Circuit.
Jun 30, 1987.
Published opinion
820 F.2d 1111
1987 U.S. App. LEXIS 8201
John MacDonald Smith, San Francisco, Cal., for plaintiff-appellant., Harvey Y. Morris, San Francisco, Cal., for defendants-appellees., Lawrence M. Mann, Washington, D.C., for intervenor-appellee.
Beezer, Goodwin, Thompson.
Cited by 1 opinion  |  Published
PER CURIAM:

We affirm the district court’s grant of summary judgment in favor of the California Public Utilities Commission set forth in the district court’s opinion in Southern Pacific Transp. Co. v. Public Utilities Comm’n, 647 F.Supp. 1220 (N.D.Cal.1986). We note that the district court failed to recognize that the topic of railtrack clearances had been mentioned in an administrative statement issued by the Federal Railroad Administration in 1978. This oversight, however, does not detract from the soundness of the district court’s reasoning nor its conclusion that California’s track clearance and walkway regulations have not been preempted by federal rule, regulation, order or standard covering the same subject matter as these state requirements. 45 U.S.C. § 434. This conclusion of the district court is correct.

Because there has been no federal preemption of California’s track clearance and walkway requirements, we do not reach the questions whether these requirements are necessary to eliminate or reduce an essentially local safety hazard, are not incompatible with any federal law, rule, regulation, order or standard, and do not create an[*1112] undue burden on interstate commerce. See id.

AFFIRMED.