TRANSPORTATION AND COMMUNICATIONS

OPPOSING FEDERAL PREEMPTION OF LOCAL AUTHORITY RELATED TO RAILROADS

WHEREAS, freight rail operations in the United States are expanding through mergers, increased intermodal freight transport, addition of new routes and new or expanded rail yards, and longer and higher speed trains, as well as abandonment of some smaller operations; and

WHEREAS, cities throughout the United States are adversely affected by these freight rail operations; and

WHEREAS, many of the federal laws concerning railroads in the United States stem from laws adopted in the 19th century and do not reflect the societal and land use or environmental changes which have occurred since the time; and

WHEREAS, the U.S. Surface Transportation Board ("STB") in 1996 and 1997 issued decisions (STB Finance Docket No. 33095 and No. 33200) upholding a national railroad corporation’s contention that the Interstate Commerce Commission Termination Act of 1995 ("ICCTA") preempts all local and state environmental review and requirements for permitting and mitigation of railroad activities that normally would be applied by local and state jurisdictions, thereby burdening local and state jurisdictions with the costs of environmental mitigation while allowing private railroad companies to reap additional profits from expanded freight rail services; and

WHEREAS, railroads have cited the STB decisions to avoid compliance with state and federal environmental law and local permitting requirements; and

WHEREAS, local jurisdictions do not seek to interfere with interstate commerce, but believe that railroads should be subject to the same federal, state and local environmental laws under which interstate highways and airports must abide, said laws providing opportunity for mitigation of negative impacts of new or enhanced facilities, operations, or both,

NOW, THEREFORE, BE IT RESOLVED that The U.S. Conference of Mayors urges the United States Congress to hold hearings on existing federal law governing railroads and enact legislation clarifying that current federal law does not preempt state and local environmental and land use planning laws.