Opinion

Village of Ridgefield Park v. New York, Susquehanna & Western Railway Corp.

  • 163 N.J. 446
  • 750 A.2d 57
  • 2000 N.J. LEXIS 358
Court
Supreme Court of New Jersey
Filed
Apr 5, 2000
Status
Published
Author
Long
On the bench
Stein, Long
Cited by
33 cases

holding that state and local regulation “must not have the effect of foreclosing or restricting the railroad’s ability to conduct its operations or otherwise unreasonably burdening interstate commerce” (internal quotation marks omitted)

How later courts described this case

  • holding that state and local regulation “must not have the effect of foreclosing or restricting the railroad’s ability to conduct its operations or otherwise unreasonably burdening interstate commerce” (internal quotation marks omitted)
  • noting the Transportation Board's position that: (1) "while state and local government entities . . . retain certain police powers and may apply non-discriminatory regulation to protect public health and safety, their actions must not have the effect of foreclosing or restricting the railroad's ability to conduct its operations or otherwise unreasonably burdening interstate commerce"; and (2) "railroads are exempt from the traditional permitting process but not . . . from most other generally applicable laws"
  • finding a nuisance claim related to the noise and air pollution produced by a rail facility to be preempted by the ICCTA
  • Interstate Commerce Commission Termination Act, specifically 49 U.S.C. § 10501[b] [1996], "does not preempt `non-discriminatory' public health and safety regulations that do not foreclose or restrict a railroad's ability to conduct its operations"

Written by the judges who cited it.

The opinion

LONG, J.,

dissenting.

I would affirm the decision of the Appellate Division requiring this matter to proceed before the STB, the agency authorized by Congress to implement the ICCTA. 49 U.S.C.A. § 10501 . Nothing in the after-decided Riverdale case, supra, justifies a different outcome. 1999 WL 715272 . By its own terms, the STB’s ruling in Riverdale is preliminary only; it is subject to change depending on a full review of the facts. Id. at *8 . Indeed, as the STB itself acknowledged, there may be additional unresolved preemption issues in Riverdale. Id. at *1 n. 2. Our ruling here is premature and out of conformity, not only with the principles of preemption, but with the well-established rule that litigation is to proceed in a cohesive, and not piecemeal, manner.

In Riverdale, the STB acknowledged that state and local entities “retain certain police powers,” so long as their actions do not “have the effect of foreclosing or restricting the railroad’s ability to conduct its operations or otherwise unreasonably burdening] interstate commerce.” Id. at *5-6 . That agency refused, however, to detail which powers it retained and which it ceded “without more information as to the particular police power issues that may be involved in this case.” Id. at *6 .

This case should be heard in the first instance by the STB. After a preemption determination by that agency based on these particularized facts, the actual contours of the state case will be clear; at that time, meaningful action may be taken by local authorities subject to state judicial review. In my view, the *464 majority has created a haphazard scheme for addressing the difficult issue presented by this ease.

GARIBALDI and VERNIERO, JJ., join in Justice LONG’S opinion.

For modification and remandment — Chief Justice PORITZ and Justices O’HERN, STEIN and COLEMAN — 4.

For affirmance — Justices GARIBALDI, LONG and VERNIERO — 3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.