Plaintiffs were four bus companies operating buses over routes in and around the cities of New Britian and Hartford. Each plaintiff had authority to operate a bus service over a specific route pursuant to a certificate of public convenience and necessity. When a new busway was constructed by the state, the state sought to hire new companies to operate buses over the routes Plaintiffs currently operate. In a separate action, Plaintiffs sought to enjoin the Commissioner of Transportation from transferring the routes at issue to new operators. While that case was pending, the Commissioner condemned the certificates pursuant to the State’s power of eminent domain. Plaintiff filed the actions that were the subject of this appeal, claiming that the Commissioner lacked the statutory authority to condemn their certificates. The trial court consolidated the actions and granted the Commissioner’s motion for summary judgment, concluding that Conn. Gen. Stat. 13b-36(a) gave the Commissioner authority to condemn the certificates. The Supreme Court reversed, holding that the legislature did not intend for the term “facilities” in the statute to refer to intangible operating rights reflected in the certificates at issue. View "Dattco, Inc. v. Commissioner of Transportation" on Justia Law

The City filed suit against Union Pacific in state court, seeking an order requiring Union Pacific to restore a public at-grade rail crossing or, alternatively, allowing the City to condemn Union Pacific’s land across that public crossing. The district court granted the City summary judgment and a permanent injunction, rejecting Union Pacific’s contention that the Interstate Commerce Commission Termination Act (ICCTA), 49 U.S.C. 10501(b), grants the Surface Transportation Board (STB) exclusive jurisdiction over the City’s claims. The court concluded that ICCTA’s express preemption provision applies to this dispute; Union Pacific has made a strong showing that the remedy the City seeks would “impede rail operations or pose undue safety risks,” the STB’s governing preemption standard; and therefore the court remanded with instructions for the district court to rule on Union Pacific’s motion to dismiss the City’s amended complaint for lack of jurisdiction unless the City obtains a ruling from the STB that it lacks or declines exclusive jurisdiction over this dispute. View "City of Ozark, AR v. Union Pacific Railroad Co." on Justia Law

On the night of January 27, 2014, DND’s driver, Velasquez, crashed his semi-truck into two emergency vehicles and another semi which were stopped on an unlit highway. An Illinois Toll Authority employee was killed and a police officer was seriously injured. The Federal Motor Carrier Safety Administration (FMCSA) immediately revoked Velasquez’s commercial-driving privileges and opened a company-wide investigation. After a very thorough, two-month investigation, FMCSA issued an imminent-hazard out-of-service order (IHOOSO) without warning, directing DND to immediately halt its trucking operations nationwide and freeze trucks in place within eight hours. During the investigation DND had been permitted to continue normal operations and there were two or three minor problems. An administrative law judge opened a hearing nine days after the order issued and rendered his decision after another six days, finding that the IHOOSO should not have been issued and was an effective “death penalty” to the small company. Apparently, the sudden halt to the company’s operations put the company out of business. The Seventh Circuit dismissed, for lack of Article III standing, a petition for review seeking to correct a decision of an assistant administrator that upheld the ALJ grant of relief to DND. The case is moot. View "DND International, Inc. v. Federal Motor Carrier Safety Administration" on Justia Law

Oregon Coast is a non-profit corporation that operates tourist trains on a portion of track in Oregon that is owned by the Port of Tillamook Bay, a federally regulated railroad authorized by the Board. In 2014, the State sent Oregon Coast a cease and desist order, alleging that Oregon Coast’s repair work was violating a state “removal-fill law,” which, among other things, requires a state permit for the removal of any amount of material from waters designated as Essential Salmonid Habitat. Oregon Coast filed suit seeking declaratory and injunctive relief, arguing that the removal-fill law is preempted by the Interstate Commerce Commission Termination Act (ICCTA), 49 U.S.C. 10101 et seq., which governs federal regulation of railroads. The court concluded that the repair work done by Oregon Coast under its agreement with the Port falls under the Board’s jurisdiction because the work is done under the auspices of a federally regulated rail carrier and is sufficiently related to the provision of transportation over the interstate rail network. The State’s removal-fill law is preempted as applied to this work, and the district court erred in concluding otherwise. The court reversed and remanded for further proceedings because the district court’s rulings on the preliminary injunction, permanent injunction, and declaratory relief were all premised on this incorrect legal determination. View "Oregon Coast Scenic Railroad, LLC v. State of Oregon Department of State Lands" on Justia Law

W. Va. Code 11-15A-10a affords taxpayers a credit for sales taxes paid to other states, which offsets the West Virginia Motor Fuel Use Tax (“use tax”) a fuel importer must pay under W. Va. Code 11-15A-13a. After it was assessed a use tax on the fuel it uses in West Virginia, CSX Transportation sought a refund of the sales taxes it had paid on its motor fuel purchases to cities, counties, and localities of other sales pursuant to section 11-15A-10a. The Tax Commissioner rejected the refund request. The Office of Tax Appeals (OTA) granted CSX’s refund request and vacated the assessment, finding that CSX was entitled to a credit under section 11-15A-10a for the sales taxes it paid to other states’ subdivisions on its purchases of motor fuel therein. The circuit court affirmed. The Tax Commissioner appealed, arguing that the circuit court erred by not limiting the credit to sales taxes paid only to other states upon the purchase of a motor fuel. The Supreme Court affirmed, holding that the sales tax credit afforded by section 11-15A-10a applies both to sales taxes paid to other states and to sales taxes paid to the municipalities of other states. View "Matkovich v. CSX Transportation, Inc." on Justia Law

Plaintiffs, a group of drivers, filed suit against the City and Gatso, alleging that the Automatic Traffic Enforcement (ATE) system violates their right to procedural due process, their fundamental right to travel, Iowa Code 602.6101, and causes unjust enrichment for the City and Gatso. The City contracted with Gatso to install and operate the ATE system. The district court dismissed plaintiffs' claims. The court concluded that the district court did not err by determining that plaintiff Hughes lacks Article III standing where he does not allege that he has incurred any costs to mitigate or avoid the threat of ATE enforcement, or that the threat of an ATE citation is sufficiently imminent, and plaintiff Mazgaj lacks third party standing where he failed to show a hindrance to his wife’s ability to protect her own interests. The court concluded, however, that plaintiff Lee's claims are ripe where he was found guilty of violating the ordinance and no further factual development is necessary. Thus, Lee has the hardship of citation and the cost of litigation. The court further concluded that the district court never had jurisdiction of Hughes and Mazgaj’s claims and therefore their claims should be remanded to state court. Plaintiffs Robinson, Sparks, Northrup, Yarpezeshkan, French, and Stimpson have established standing to bring procedural-due-process claims. However, these plaintiffs failed to state a violation of their procedural due process rights. The court rejected plaintiffs' claims that the system violated their substantive rights, Equal Protection claim, and unjust enrichment claim. Because the City’s appeal of the IDOT’s ruling is still pending, this claim is not ripe. Therefore, the district court should dismiss without prejudice the drivers’ state-law claims based on the alleged violation of IDOT rules. Accordingly, the court affirmed in part, reversed in part, and remanded. View "Hughes v. City of Cedar Rapids" on Justia Law

Plaintiffs, six drivers, filed suit against the City alleging that the Automatic Traffic Enforcement (ATE) system violates federal and state law. The district court dismissed plaintiffs' claims. Plaintiffs argue that the district court should not have relied on Hughes v. City of Cedar Rapids because the facts here are materially different. The court concluded that Cedar Rapids and Des Moines offer direct access to the district court or an optional administrative proceeding with de novo appellate review. Based on this court’s holding, the other differences that the drivers allege are irrelevant. Therefore, plaintiffs' claims are addressed in the Hughes opinion. The court affirmed in part, reversed in part, and remanded. View "Brooks v. City of Des Moines" on Justia Law

Since 1935, federal law has regulated the hours of service of truck drivers operating in interstate commerce. Drivers must keep paper records showing their driving time and other on‐duty time. In 2012, Congress directed the Department of Transportation to issue regulations to require most interstate commercial motor vehicles to install electronic logging devices (ELDs) linked to vehicle engines to automatically record data relevant to hours of services: whether the engine is running, the time, and the vehicle’s approximate location. Congress instructed the Department to consider factors including driver privacy and preventing forms of harassment enabled by the ELDs, 49 U.S.C. 31137. The Federal Motor Carrier Safety Administration promulgated the final rule: Electronic Logging Devices and Hours of Service Supporting Documents, 49 C.F.R. Pts. 385, 386, 390, 395 (2015). The Seventh Circuit rejected a challenge by the Owner-Operator Independent Drivers Association and drivers. The court rejected arguments that the rule permits ELDs that are not entirely automatic; uses a narrow definition of “harassment” that will not sufficiently protect drivers; that the agency’s cost‐benefit analysis was inadequate; that the agency did not sufficiently consider confidentiality protections for drivers; and that the ELD mandate imposed, in effect, an unconstitutional search or seizure on truck drivers. Even if the rule imposes a search or a seizure, inspection of ELD data recorded would fall within the “pervasively regulated industry” exception to the warrant requirement. View "Owner-Operator Independent Drivers Association, Inc. v. United States Department of Transportation" on Justia Law

Plaintiff was supervising a BNSF crew, removing and reinstalling timber crossing planks. The crew had difficulty removing one plank, and with plaintiff’s approval, used a front‐end loader, which caused the plank to fly loose as plaintiff was walking on the track and to strike his leg. Days later he went to his doctor and learned that he had fractured his tibia. After first stating that he had been injured at home, on advice of his union, plaintiff told his supervisor, Veitz, about the injury. BNSF paid his medical bills and, pursuant to its policy, staged a reenactment and concluded that plaintiff had been careless. Later, a crew member told Veitz that he thought plaintiff was injured 10 days before the incident, while removing railroad ties from railroad property. Pursuant to its collective bargaining agreement, BNSF investigated. For his carelessness in the front-loader incident (which cost it medical expenses), BNSF imposed a 30-day suspension, but discharged plaintiff for the theft. Veitz testified that he had not given plaintiff permission to take ties, which are soaked in creosote. BNSF does not give or sell creosote products to employees or the public because of potential hazards The National Railroad Adjustment Board and OSHA denied plaintiff’s appeals. A jury awarded plaintiff damages under the Federal Railroad Safety Act, which forbids a railroad to discriminate against an employee for reporting a work-related injury, 49 U.S.C. 20109(a). The Seventh Circuit reversed, finding no evidence that the firing was related to the injury report. The company has a firm policy of firing employees discovered to have stolen company property. View "Koziara v. BNSF Railway Co." on Justia Law

The Federal Motor Carrier Safety Administration (FMSCA) maintains a database of inspection history and safety records relating to commercial motor vehicle operators. Appellants, a group of commercial motor vehicle operators, brought suit against the FMSCA and the Department of Transportation, arguing that the potential disclosure to employers of “non-serious” driver-related safety records contained in the database violates the Privacy Act. The district court granted the FMCSA’s motion to dismiss for failure to state a claim, concluding that 49 U.S.C. 31150 was ambiguous as to the agency’s authority to include non-serious driver-related safety violations in the database and, further, that the agency’s interpretation of section 31150 was a reasonable and permissible construction of the statute and was entitled to Chevron deference. The First Circuit affirmed, holding (1) section 31150 is ambiguous as to the question of non-serious driver-related safety violations; and (2) the agency’s interpretation of the statute is not arbitrary, capricious, or manifestly contrary to the statute. View "Flock v. United States Department of Transportation" on Justia Law