Decision 37951
Served (printed as 5/2/2008) · Decision · Entire Board
DECISION DENIED THE PETITION FOR DECLARATORY ORDER FILED BY JAMES RIFFIN REQUESTING THAT THE BOARD INSTITUTE A DECLARATORY ORDER PROCEEDING TO ADDRESS THE REACH OF FEDERAL PREEMPTION UNDER 49 U.S.C. 10501(B) IN CONNECTION WITH PETITIONER'S DESIRE TO PERFORM CERTAIN ACTIVITIES ALLEGEDLY RELATED TO RAIL TRANSPORTATION AT TWO SEPARATE LOCATIONS IN MARYLAND: (1) THE CONSTRUCTION AND OPERATION OF A PURPORTED MAINTENANCE-OF-WAY FACILITY LOCATED IN COCKEYSVILLE, MD; AND (2) THE PERFORMANCE OF MAINTENANCE TO REPAIR TRACK ON A LINE OF RAILROAD OWNED BY PETITIONER LOCATED IN ALLEGANY COUNTY, MD.
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