NEW YORK (Legal Newsline) - A challenge to a New York state law requiring covers on certain waste transported on railroads has been filed.
A lawsuit was filed Jan. 12 in federal court against New York State by the Association of American Railroads, American Short Line and Regional Railroad Association, and National Waste & Recycling Association - New York State Chapter. State Attorney General Letitia James is named as a defendant, in her official capacity.
The suit alleges that New York's "Waste By Rail Law" violates federal law by imposing burdensome regulations on rail transportation. The plaintiffs argue that the law, which requires specific coverings for solid waste transported within the state, interferes with interstate commerce and is not necessary for public health or safety.
They are seeking a declaration that the law is preempted by the ICC Termination Act (ICCTA), which grants exclusive authority to regulate rail transportation to the federal Surface Transportation Board (STB), and an injunction preventing enforcement of the law.
The plaintiffs are represented by attorneys from the firms Gibson, Dunn & Crutcher and Beveridge & Diamond.