Association of American Railroads v. Seggos

Background

Three trade associations—the Association of American Railroads, the American Short Line and Regional Railroad Association, and the National Waste & Recycling Association – New York State Chapter—challenged New York’s Waste By Rail Law. The law requires railroads and their waste-shipper customers to use specified coverings when transporting solid waste by rail within New York.

The plaintiffs sought a declaration that the law is preempted, meaning overridden, by federal law and an injunction barring the defendants from enforcing it against the plaintiffs or their members. The plaintiffs argued that the Interstate Commerce Commission Termination Act preempts state laws that govern, burden, or discriminate against rail transportation. They also argued that the Federal Railroad Safety Act and the Hazardous Materials Transportation Act would preempt the law even if it were considered a safety regulation.

The defendants were Basil Seggos, Commissioner of the New York Department of Environmental Conservation, and Letitia James, Attorney General of New York, in their official capacities. They argued that the law concerns railroad safety rather than economic regulation and that the complaint should be dismissed because the Interstate Commerce Commission Termination Act does not apply. They also argued that the law is not preempted by the Federal Railroad Safety Act.

Procedural Posture

The defendants’ motion to dismiss for failure to state a claim was pending. No discovery had occurred. The parties agreed that discovery, initial disclosures, the full case-management plan, and further scheduling should be deferred until the court resolved the motion. They also proposed postponing the initial status conference and then conferring about whether discovery or summary-judgment motions would be appropriate.

Ruling

Judge Ronnie Abrams ordered that the plan and proposed scheduling order be adjourned. The provided text does not show a ruling on the defendants’ motion to dismiss, the validity of the Waste By Rail Law, or the plaintiffs’ preemption claims. This was a scheduling order, not a decision on the merits.