Guide · Transportation

Railroads and Rail Safety: A Comprehensive Guide to Federal Preemption, Crossings, Employee Claims, and Hazardous Materials

49 U.S.C. § 20106

Type
Guide
Jurisdiction
National
Date
2024-01-06
Topic
Transportation

This guide covers railroad law from preemption through corridor disposition. Part One explains the two preemption regimes and why they decide most cases. Part Two covers the safety regulatory framework in detail. Part Three covers grade crossing litigation and the theories that survive. Part Four covers the employee injury system, its causation standard, and the statutes that eliminate defenses. Part Five covers retaliation and labor. Part Six covers economic preemption and its practical reach. Part Seven covers hazardous materials and derailment litigation. Part Eight covers corridors, abandonment, and railbanking, and Part Nine covers investigation, evidence, and procedure.

Railroads and Rail Safety: A Comprehensive Guide to Federal Preemption, Crossings, Employee Claims, and Hazardous Materials

Transportation > Railroads, Crossings, and Rail Safety | Published 6 January 2024 - Updated 20 January 2026 | UpLaw - uplaw.us

Part One — Two preemption regimes

📌 The first question in every rail matter is whether the claim is preempted, and there are two separate doctrines.

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