Sidley regularly represents railroads in litigation involving federal preemption of state and local laws seeking to regulate rail transportation. We are well-versed in the umbrella of federal laws that preempt or preclude state regulations that may interfere with the free flow of commerce, including the ICC Termination Act (ICCTA), the Federal Railroad Safety Act (FRSA), the Hazardous Materials Transportation Act, the Locomotive Inspection Act, the Noise Control Act, the Signal Inspection Act and the dormant Commerce Clause of the Constitution.
Our firm has received a “Band 1” ranking from Chambers USA for Transportation (Rail) every year since 2006, and we have been described as “true experts in the field of transportation law.” According to Chambers USA 2018, we have an “esteemed transportation practice noted for its representation of a significant tranche of railroad industry clients across the USA. Offers expertise in all regulatory, financing and environmental matters and regularly represents clients before the Surface Transportation Board (STB). Also has experience assisting clients in preemption issues, antitrust litigation and class action lawsuits.”