Decision 37471
Served (printed as 7/10/2007) · Decision · Entire Board
DECISION FOUND THAT NEW ENGLAND TRANSRAIL (NET), IF AUTHORIZED, WOULD BECOME A RAIL CARRIER SUBJECT TO THE BOARD'S JURISDICTION, AND THAT SOME OF NET'S PLANNED ACTIVITIES RELATED TO THE HANDLING OF CONSTRUCTION AND DEMOLITION DEBRIS WOULD EXTEND BEYOND THE SCOPE OF RAIL TRANSPORTATION AND, THEREFORE, WOULD NOT COME WITHIN FEDERAL PREEMPTION FOR MOST STATE AND LOCAL LAWS. DECISION ALSO REQUESTED EVIDENCE TO DEMONSTRATE WHY THE BOARD SHOULD AUTHORIZE NET'S PROPOSAL.
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