Action Update: November 7, 2008

Surface Transportation Board Decision Institutes Declaratory Order Proceeding Regarding Norfolk Southern Ethanol Transloading Facility

On November 5, the STB granted the City's request for a Declaratory Order from the U.S. Surface Transportation Board (STB). This action will institute a proceeding to determine whether the operation of an ethanol transloading facility within the City of Alexandria, Virginia, constitutes transportation by rail carrier and, therefore, is covered by the federal preemption provision. The decision also directs Norfolk Southern Railway Company to submit information in order to provide a more complete record before the STB.