Category Archives: Premption

Federal railroad administration&state premption

The National Law Journal reports that the Federal Railroad Administration is attempting "an end run" around newly enacted federal law preserving to the states personal injury lawsuits against railroads. The focus is on a proposed railroad safety regulation which has a permeable that pre-empts "any state law, regulation or order, including state common law" relating to the operation of a locomotive as the lead unit on a passenger train. This language is in conflict with a law signed by George Bush in August which made it clear that the FRSA was not intended to pre-empt state cases.