3d at 157 (explaining that "transportation" by rail carriers is defined broadly in ICCTA as including any facility or services relating to movement of passengers or property by rail).
3dat 157-58, 160 (discussing scope of ICCTA preemption clause); Green Mountain R.
The railroad argued the breadth of the preemptive sweep under the ICCTA is so strong that adjudication of the town's regulations must be moved to U.
Finding the railroad's argument "unpersuasive," Judge Hillman said the railroad at no point identified a specific provision under the ICCTA that creates a "substantial question of federal law" necessary for federal ingredient jurisdiction.
Additionally, the court noted that Congress' specific exception in ICCTA for municipalities to regulate the maximum prices charged in nonconsensual tows evinced its intent that state and local governments are generally preempted from regulating consensual tow services.
Like many cases following Mayer, the federal courts held that local government regulation of towing services is expressly preempted by ICCTA.
Prior to TIRRA and ICCTA
, LTL carriers had to meet four criteria for limiting liability.
It also noted that ICCTA allows the FMCSA to issue both common carrier and contract carrier permits during a "transition" period.
In her decision, Judge Seybert wrote that it was clear from the deliberate change in wording from motor common carrier" in the original statute to simply "motor carrier" throughout ICCTA that Congress intended the BMC-32 Endorsement to apply to all motor carriers.
Given the court's very broad interpretation of the federal government's preemption authority in the ICCTA
, it appears questionable whether any municipality will be successful in challenging preemption of local regulation over railroad activity.
Despite the force of this movement, antitrust immunity for collective ratemaking has been retained in the ICCTA
The lesson the ICCTA
most would like the state's 20 congressional representatives to learn, he said, is the need for more financial aid in the form of cash up-front -- money that can be used to buy books and pay tuition and fees.