TOPEKA, Kan. — Kansas Attorney General Derek Schmidt has joined a group of officials from other states in asking the U.S. Supreme Court to review decisions that have prevented states from enacting or enforcing laws that limit the amount of time railroads can block grade crossings.
Eighteen other state attorneys general have joined a group led by Indiana Attorney General Theodore E. Rokita in requesting that the court hear an Ohio appeal of a state Supreme Court decision overturning that state’s law allowing fines for railroads that blocked crossings for more than five minutes, the Kansas City Star reports. The Ohio court ruled the law was preempted by federal law, as has been the case with similar rulings in other states.
In a press release, Schmidt said the group is asking the U.S. Supreme Court to clarify if indeed Congress granted the Surface Transportation Board sole jurisdiction over such matters regulating crossings. The states argue that rulings have misinterpreted the law which abolished the Interstate Commerce Commission, saying it established jurisdiction over matters such as rates and practices but is silent on the effort of safety.
The full amicus brief of the group is available here.
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