Decision 39626
Served (printed as 2/17/2009) · Decision · Entire Board
DECISION DETERMINED THAT THE OPERATION OF AN ETHANOL TRANSLOADING FACILITY OWNED BY NORFOLK SOUTHERN RAILWAY COMPANY WITHIN THE CITY OF ALEXANDRIA, VA, CONSTITUTES TRANSPORTATION BY RAIL CARRIER AND, THEREFORE, IS SHIELDED FROM MOST STATE AND LOCAL LAWS, INCLUDING ZONING LAWS, BY THE PREEMPTION PROVISION IN 49 U.S.C. 10501(B).
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