Main content
City of Alexandria Homepage
Saturday, October 25  •  52°Fair Air Quality: Yellow
CloseWeather Forecast
Today: High 71° Low 52°
SunnyAir Quality: Yellow
Sun: High 65° Low 44°
SunnyAir Quality: Green
Mon: High 68° Low 50°
SunnyAir Quality: Green
Tue: High 78° Low 59°
Partly CloudyAir Quality: Green
Wed: High 71° Low 48°
AM ShowersAir Quality: Green
City of Alexandria, VA City of Alexandria, VA
Communications & Public Information
Share Share RSS RSS Print Print Text Size Text Size NormalText Size LargeText Size Extra Large
Page updated Nov 7, 2008 4:28 PM
CloseComments

No Comments Posted Yet

FOR IMMEDIATE RELEASE: November 7, 2008    

Federal Surface Transportation Board Responds to City Petition Regarding Ethanol Transloading Facility

In June, the City of Alexandria filed a petition seeking a Declaratory Order from the U.S. Surface Transportation Board (STB) determining that federal law does not preempt Alexandria’s zoning authority over the Norfolk Southern Railroad’s Ethanol Transloading Facility, located in the City’s West End. The City’s petition also asked the STB to allow discovery (the pretrial disclosure of pertinent facts or documents by one or both parties to a legal action or proceeding) against the railroad to further develop the facts of the case.

On November 5, the STB granted the City's request, instituting 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 of local zoning authority. In the decision, the STB found that "the factual issues presented here warrant consideration by the Board because they raise a genuine question whether the scope of federal preemption encompasses the activities occurring at the Facility." The decision also directs Norfolk Southern to respond to four questions seeking additional facts in order to provide a more complete record before the STB. Norfolk Southern's responses to the questions are due on November 26, and the City will have until December 8 to reply to this additional information.

The STB decision, although preliminary, represents a successful outcome for the City. For more information about the Norfolk Southern Ethanol Transloading Facility, or to view a copy of the STB decision, visit alexandriava.gov/transloading.