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BNSF RY. CO. v. SWANSON

No. 07-2784.

533 F.3d 618 (2008)

BNSF RAILWAY COMPANY; Duluth, Missabe & Iron Range Railway Company; National Railroad Passenger Corporation, doing business as Canadian Pacific Railway; Otter Tail Valley Railroad Company; Inc.; Union Pacific Railroad Company, Appellants, v. Lori SWANSON, in her official capacity as Attorney General of the State of Minnesota, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2008.

Attorney(s) appearing for the Case

James Stanton Whitehead, argued, Chicago, IL, for appellant.

John Steven Garry, AAG, argued, St. Paul, MN, for appellee.

Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

BEAM, Circuit Judge.

Here, we must determine whether the Federal Railroad Safety Act (FRSA), 49 U.S.C. § 20101 et seq., preempts Minnesota statute section 609.849. Appellant railroads sought a declaratory judgment that the Minnesota statute was preempted by the FRSA as a result of the Internal Control Plans regulation (ICP), adopted pursuant thereto by the Federal Railroad Administration (FRA) at 49 C.F.R. § 225.33(a). The district court held that the FRSA...

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