FOR IMMEDIATE RELEASE:  April 16, 2009                                                   

City Receives Ruling in Norfolk Southern Lawsuit

In June 2008, Norfolk Southern initiated a lawsuit against the City of Alexandria over the City’s regulation of truck haul routes leaving the Norfolk Southern ethanol transloading facility, located on the City’s west end. The lawsuit maintained that truck hauling permits issued by the City for transporting ethanol inside the City limits were preempted by federal law, and that the City did not follow certain procedural steps in establishing a hazardous materials route.

On April 15, the City received United States District Court Judge James C. Cacheris' ruling, which found for the City in some respects, but in general, found that federal law preempts the City’s permitting system for the trucks entering and leaving the transloading facility. The City disagrees with certain aspects of the opinion and is evaluating its appellate rights, maintaining that the Court's ruling still allows City regulation of the trucks.

To view the ruling, and learn more about the Norfolk Southern Ethanol Transloading Facility, visit alexandriava.gov/transloading