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BNSF RAILWAY CO. v. PUBLIC UTILITIES COM.

No. C072746.

218 Cal.App.4th 778 (2013)

160 Cal. Rptr. 3d 492

BNSF RAILWAY COMPANY et al., Petitioners, v. PUBLIC UTILITIES COMMISSION, Respondent; CITY OF SAN CLEMENTE, Real Party in Interest.

Court of Appeals of California, Third District.

August 5, 2013.

Attorney(s) appearing for the Case

Sims Law Firm, Michael E. Murphy and Selim Mounedji for Petitioners.

Frank R. Lindh , Helen W. Yee and Stacie Castro for Respondent.

Goodin, MacBride, Squeri, Day & Lamprey, Michael B. Day , Suzy Hong , Thomas J. MacBride, Jr. , and Megan Somogyi for Real Party in Interest.

OPINION

ROBIE, J. —

This writ of review proceeding presents the question of whether the Public Utilities Commission (the commission) has the authority to order railroads to stop using locomotive-mounted horns at certain pedestrian rail crossings in the City of San Clemente (the city). We conclude the answer to that question is "no," because in Public Utilities Code section 76041 the Legislature has commanded...

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