BNSF project subject to limited state, local regulation

Tom Slade

Submitted photo

I have been following the BNSF project controversy and decided to review the laws regarding railroad authority vs. state and local authority to regulate railroads and associated facilities.

I have determined that federal law has broad jurisdiction over rail service and expressly preempts most state and local governments from placing restrictions on location or operation of railroad facilities.

The Interstate Commerce Act and the Interstate Commission Termination Act grant the Surface Transportation Board authority over rail service. That authority includes the ability to regulate many things including rates, routes, services and facilities, as well as the construction, acquisition, operations, etc. 

Federal authority over rail transportation has been deemed necessary because if every municipality and state could put its own restrictions on rail service, such restrictions could interfere with a unified national system with routes and facilities appropriately located for efficient operation of the railroads.

Very limited local or state regulation is allowed if the regulation is directly related to public health and safety, such as compliance with building, sanitation and fire codes.

Attempts by states and municipalities to regulate location and/or operation of rail-related service or structures usually fail, so it appears to me as though the BNSF facility will go where it is planned without consideration of public review or comment. 

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