State of Indiana v. Norfolk Southern Railway Company

Summary

The Indiana Supreme Court held that the Interstate Commerce Commission Termination Act expressly preempts Indiana’s blocked-crossing statute. Although the presumption against preemption applies because states have traditionally regulated railroad crossings, the statute directly regulates rail transportation by affecting train speed, length, scheduling, and operations. The court affirmed summary judgment for Norfolk Southern and did not reach preemption under the Federal Railroad Safety Act.

Holdings

1. The longstanding presumption against preemption applies because regulation of railroad-highway crossings has traditionally been governed by state law and Indiana has a legitimate, longstanding police-power interest in protecting public use of those crossings.
2. The ICCTA expressly preempts Indiana's blocked-crossing statute because the statute provides a state remedy that directly regulates rail transportation by managing or governing railroad operations.
3. ICCTA preemption is not limited to state regulations expressly characterized as economic.
4. The court did not reach the Federal Railroad Safety Act preemption issue because the ICCTA independently preempted Indiana's blocked-crossing statute.

Questions Presented

1. Whether the presumption against federal preemption applies to Indiana's blocked-crossing statute in the railroad-crossing context.
2. Whether the Interstate Commerce Commission Termination Act expressly preempts Indiana's blocked-crossing statute.
3. Whether it was necessary to decide the Federal Railroad Safety Act preemption issue after finding ICCTA preemption.

Disposition

affirmed