Decision 38974
Served (printed as 9/26/2008) · Decision · Entire Board
DECISION DENIED: (1) THE MOTION TO DISMISS FILED BY THE NEW YORK AND ATLANTIC RAILWAY COMPANY; AND (2) THE PETITIONS FOR RECONSIDERATION, FILED BY THE NEW YORK AND ATLANTIC RAILWAY COMPANY AND COASTAL DISTRIBUTION LLC, OF THE BOARD'S DECLARATORY ORDER SERVED FEBRUARY 1, 2008, WHICH STATED THAT, TO THE EXTENT THE NEW YORK AND ATLANTIC RAILWAY COMPANY HAD AUTHORIZED A NON-CARRIER-COASTAL DISTRIBUTION-TO BUILD AND OPERATE A TRANSLOAD FACILITY FOR CONSTRUCTION AND DEMOLITION DEBRIS, SUCH ACTIVITIES DID NOT QUALIFY FOR FEDERAL PREEMPTION UNDER 49 U.S.C. 10501(B).
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