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BALTIMORE AND OHIO R. CO. v. OBERLY

No. 85-5272.

782 F.2d 29 (1986)

The BALTIMORE AND OHIO RAILROAD COMPANY, d/b/a One of the Chessie System Railroads; the Baltimore and Philadelphia Railroad Company, d/b/a One of the Chessie System Railroads, Mount Clare Properties (Delaware), Inc; and Chessie Motor Express, Inc. v. Charles M. OBERLY, III, Attorney General of the State of Delaware and John E. Wilson, III, Secretary of the Department of Natural Resources and Environmental Control of the State of Delaware. Appeal of Charles M. OBERLY, III and John E. Wilson, III.

United States Court of Appeals, Third Circuit.

Decided January 27, 1986.

Attorney(s) appearing for the Case

William E. Manning (argued), David S. Swayze, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., for appellees.

F. Henry Habicht, II, Asst. Atty. Gen., Land and Natural Resources Div., Lawrence R. Liebesman, Environmental Defense Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for EPA.

John J. Polk (argued), Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for State of Delaware.

Before HIGGINBOTHAM, SLOVITER and MANSMANN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

In this appeal, we are presented with the question of whether the Delaware noise control statute and its regulations, as applied to activities at an interstate railroad facility, are preempted by the Federal Noise Control Act of 1972, even though the federal agency had not promulgated regulations to control noise emissions from railyard property lines, which included refrigerated rail cars and refrigerated trailers and containers...

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