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ISLAND PARK, LLC v. CSX TRANSP.

Docket Nos. 07-3125-CV(L), 07-3288-CV(CON), 07-3281-CV(XAP), 07-3283-CV(CON).

559 F.3d 96 (2009)

ISLAND PARK, LLC, Plaintiff-Appellee-Cross-Appellant, v. CSX TRANSPORTATION and Consolidated Rail Corporation, National Railroad Passenger Service ("Amtrak"), Thomas J. Madison Jr., In his Capacity as Commissioner of the State of New York Department of Transportation ("NYSDOT") and Dennison P. Cottrell, In his Capacity as Director of the Passenger and Freight Safety Division of NYSDOT, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided and Amended: March 4, 2009.

Attorney(s) appearing for the Case

Carter Phillips (G. Paul Moates, Paul A. Hemmersbaugh and Matthew J. Warren, on the brief), Sidley Austin LLP, Washington, DC, and Susan C. Roney and Benjamin Dwyer, Nixon Peabody, LLP, Buffalo, NY, for Appellants CSX Transportation Inc. & Consolidated Rail Corporation.

Frank Brady, Assistant Solicitor General, for Andrew M. Cuomo, Attorney General of the State of New York, for Appellants Madison and Cottrell.

J. Michael Naughton, Young Sommer, LLC, Albany, NY, for Appellees.

Before JACOBS, Chief Judge, WESLEY, Circuit Judge, and ARCARA, District Judge.

WESLEY, Circuit Judge:

Many appeals require this Court to chart the point at which state authority yields to federal power. In this case, that intersection is not merely theoretical. The question presented here is whether New York's attempt to close a railroad crossing over a private road is pre-empted by the federal statutory scheme governing our nation's railroads. We hold that it is not. Accordingly, we reverse the judgment of the United States District Court for...

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