Decision 38196
Served (printed as 2/1/2008) · Decision · Entire Board
DECISION GRANTED THE PETITION OF THE TOWN OF BABYLON AND PINELAWN CEMETERY (PINELAWN) FOR A DECLARATORY ORDER FINDING THAT, TO THE EXTENT THE NEW YORK AND ATLANTIC RAILWAY COMPANY HAS AUTHORIZED COASTAL DISTRIBUTION LLC TO BUILD AND OPERATE A TRANSLOAD FACILITY FOR CONSTRUCTION AND DEMOLITION DEBRIS ON PROPERTY OWNED BY PINELAWN, SUCH ACTIVITIES DO NOT QUALIFY FOR PREEMPTION UNDER 49 U.S.C. 10501(B) AND ARE THEREFORE SUBJECT TO STATE AND LOCAL REGULATION.
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