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CSX TRANSP. v. PUBLIC UTILITIES COM'N OF OHIO

No. C2-88-1023.

701 F.Supp. 608 (1988)

CSX TRANSPORTATION, INC., et al., Plaintiffs, v. The PUBLIC UTILITIES COMMISSION OF OHIO, et al., Defendants.

United States District Court, S.D. Ohio, E.D.

December 12, 1988.

Attorney(s) appearing for the Case

Patrick J. Smith, Robert W. Trafford, Janet J. Henry, Kathleen M. O'Malley, Samuel H. Porter, Porter, Wright, Morris & Arthur, Columbus, Ohio, for plaintiffs.

Sally J. Kircher, Jacksonville, Fla., for plaintiff, CSX Transp., Inc.

John R. Jenchura, Philadelphia, Pa., for plaintiff, Consolidated Rail Corp.

A. Gayle Jordan, Norfolk, Va., for plaintiff Norfolk and Western Ry. Co.

Mary P. Sclawy, Detroit, Mich., for plaintiff Grand Trunk Western Ry. Co.

Anthony J. Celebrezze, Jr., Atty. Gen. of Ohio, and Robert S. Tongren and James B. Gaines, Asst. Attys. Gen., Public Utilities Section, Columbus, Ohio, for defendants.

OPINION AND ORDER

GRAHAM, District Judge.

In 1970 Congress enacted the Federal Railroad Safety Act (FRSA), 45 U.S.C. § 421 et seq. which authorized the Secretary of the Department of Transportation to adopt railroad safety regulations. Congress included in the act broad preemption provisions excluding the states from legislating in any area of railroad safety already covered by regulations adopted by the Secretary. In 1974 Congress enacted the...

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