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NORFOLK SOUTHERN RY. CO. v. BOX

No. 08-1116.

556 F.3d 571 (2009)

NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff-Appellant, v. Charles E. BOX and the other Commissioners of the Illinois Commerce Commission, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 11, 2009.

Attorney(s) appearing for the Case

Stephen C. Carlson, Attorney, James S. Whitehead (argued), Attorney, Sidley Austin, Chicago, IL, for Plaintiff-Appellant.

Deborah L. Ahlstrand, Attorney, Jerald S. Post (argued), Attorney, Office of the Attorney General, Chicago, IL, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and BAUER and SYKES, Circuit Judges.

EASTERBROOK, Chief Judge.

Illinois requires rail switching yards built or substantially renovated after February 2005 to include walkways, parallel to each track, for persons who work there. 625 ILCS 5/18c-7401.1; 92 Ill. Admin. Code § 1546.10 et seq. Norfolk Southern Railway contends that federal law supersedes this requirement. A federal regulation "covering the subject matter of the State requirement" preempts...

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