Justia Transportation Law Opinion SummariesArticles Posted in Agriculture Law
Serna v. Denver Police Department, et al.
Plaintiff-appellant Francisco Serna sued a police officer and local police department that allegedly prevented him from transporting hemp plants on a flight from Colorado to Texas. In the complaint, he asserted a single claim under § 10114(b) of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), a statute that authorized states to legalize hemp and regulate its production within their borders, but generally precluded states from interfering with the interstate transportation of hemp. The district court dismissed Serna’s complaint under Federal Rule of Civil Procedure 12(b)(6), concluding that Serna failed to state a viable claim because § 10114(b) did not create a private cause of action to sue state officials who allegedly violate that provision. Serna appealed, arguing that § 10114(b) impliedly authorized a private cause of action and that even if it didn't, the district court should have allowed him to amend the complaint to add other potentially viable claims rather than dismissing the case altogether. The Tenth Circuit Court of Appeals affirmed, finding that contrary to Serna’s view, the language in § 10114(b) did not suggest that Congress intended to grant hemp farmers a right to freely transport their product from one jurisdiction to another, with no interference from state officials. Because courts could not read a private cause of action into a statute that lacked such rights-creating language, the Court held the district court properly dismissed Serna’s § 10114(b) claim. The Court also concluded the trial court properly declined to allow Serna to amend his complaint. View "Serna v. Denver Police Department, et al." on Justia Law
Kansas City S. Ry. v. Koeller
The Railroad Revitalization and Regulatory Reform Act prevents states and their subdivisions from imposing discriminatory taxes against railroads. 49 U.S.C. 11501. In 2008, the drainage district, a subdivision of Illinois, changed its method for calculating assessments. All other owners are assessed on a per-acre formula, but railroad, pipeline, and utility land were to be assessed on the basis of "benefit," apparently based on the difference in value between land within the district and land outside the levees; annual crop rentals being paid; and agricultural production of lands within the district. Two rail carriers brought suit under a section of the Act, which prevents imposition of "another tax that discriminates against a rail carrier." The district court held that the assessment was prohibited by the Act, but concluded that it was powerless to enjoin the tax. The Seventh Circuit reversed, holding that the court has authority to enjoin the tax, but, under principles of comity, should eliminate only the discriminatory aspects, not the entire scheme. The assessment is a tax that, raises general revenues; its ultimate use is for the whole district. It imposes a proportionately heavier tax on railroading than other activities. View "Kansas City S. Ry. v. Koeller" on Justia Law