Normal Operation of Rail Cars in Transit/Applicability of Clean Water Act Discharge Prohibition: U.S. Surface Transportation Board Issues Decision
By EsqSocial Corporation 01/02/21
The United States Surface Transportation Board (“STB”) issued a Decision on December 29th addressing a preemption issue related to the Clean Water Act. See Association of American Railroads – Petition for Declaratory Order, Docket No. FD 36369. The STB had instituted a Declaratory Order proceeding on February 19, 2020, that indicated it would address whether 49 U.S.C. § 10501(b): . . . preempts the Clean Water Act’s (CWA) discharge prohibition and National Pollution Discharge Elimination...
By: Mitchell, Williams, Selig, Gates & Woodyard,