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HomeMy WebLinkAbout2345 ResolutionRESOLUTION NO. 2345 A Resolution concerning Federal Preemption of Local Authority Related to Railroads WHEREAS, freight rail operations in the United States are expanding through mergers, increases in intermodal freight transport, including the utilization of trains up to two miles in length, the implementation of new routes, new and expanded rail yards, and higher speed trains, and abandonment of some smaller operations, and WHEREAS, cities throughout the United States are adversely affected by these increasing freight rail operations, and WHEREAS, many of the federal laws concerning railroads in the United States stem from laws adopted in the 1 9th century and do not reflect the societal and land use changes which have occurred since that time, and WHEREAS, the U S Surface Transportation Board ("STB") in 1996 and 1997 issued decisions (STB Finance Docket No 33095 and No 33200) which a national railroad corporation contends interpret federal law regulating railroad activity (Interstate Commerce Commission Termination Act of 1995 ("ICCTA")) to preempt all local and state environmental review and requirements for permitting and mitigation of railroad activities that normally would be applied by local and state jurisdictions, thereby burdening local and state jurisdictions with the costs of environmental mitigation while allowing private railroad companies to reap additional profits from expanded freight rail service, and WHEREAS, railroads are citing the STB decisions to avoid compliance with state and federal environmental law and local permitting requirements, and WHEREAS, local jurisdictions do not seek to interfere with interstate commerce, but believe that railroads should be subject to the same federal, state and local environmental laws under which interstate highways and airports must abide, said laws providing the opportunity for mitigation of negative impacts of new or enhanced facilities and/or operations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHNG TON, DO RESOLVE AS FOLLOWS: That the National League of Cities shall request the United States Congress hold hearings on the existing federal law governing railroads, and enact legislation clarifying that current federal law does not preempt state and local environmental and land use planning laws PASSED by the City Council of the City of Pasco at a regular meeting this illk, day of \Aokreimber. , 1997 Catherine D. Seaman, Deputy City Clerk APPROVED AS TO FORM: Lelancl R Kerr, City Attorney