ELR Citation: ELR 20081
No(s). 04-0366 (2d Cir. Apr 14, 2005)

The Second Circuit held that a Vermont environmental land use statute cannot impose preconstruction permit requirements on proposed railroad transloading facilities. The statute's preconstruction permit requirements are preempted by the Interstate Commerce Commission Termination Act. The permit requirements unduly interfere with interstate commerce by giving the local body the ability to deny the carrier the right to construct facilities or conduct operations, and it could allow a local body to delay construction of railroad facilities almost indefinitely.