Cover Image

Not for Sale

View/Hide Left Panel
Click for next page ( 38

The National Academies | 500 Fifth St. N.W. | Washington, D.C. 20001
Copyright © National Academy of Sciences. All rights reserved.
Terms of Use and Privacy Statement

Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.

OCR for page 37
37 is broadly preempted, except when a municipality operates Trucking--Federal preemption has been invoked regard- the airport. Federal regulation of land use sur rounding air- ing trucking interests and for services that facilitate truck- ports is principally limited to Runway Protection Zones-- ing such as truck stops. Following the Motor Carrier Act established by the federal government to protect its invest- of 1980, Congress clarified that states could not ban trucks ment in airport facilities--that cannot be modified without that met approved weight and length standards from travel- federal approval. Local regulations that are consistent with ing on federally funded primary routes, with some limited federal requirements or affect areas altogether outside the exceptions. In 1990, Congress established uniform rules for Runway Protection Zones are not preempted. When zoning the transportation of hazardous materials that include stan- prevents airport expansion, the law is unsettled, and local dards for labeling of hazardous materials. Recently, the ports efforts to use zoning powers to prevent expansion may or of Los Angeles and Long Beach and Houston have begun to may not be preempted. address the polluting effects of the trucks that access these Ports--Federal preemption often does not hold in land- facilities through programs addressing the drayage industry. use and zoning actions concerning ports/marine facilities. The Issues regarding preemption continue to arise around regula- Coastal Zone Management Act of 1972 (CZMA) creates a vol- tion of trucking activity. In 2008, the American Trucking Asso- untary program for states to create Coastal Zone Management ciations, Inc., challenged the implementation of concession Plans outlining how states will regulate their coastal zones. requirements that were asso ciated with the Port of Los Angeles Courts have recognized that the scheme established by the and Long Beach Clean Truck Program, arguing that they were CZMA strongly suggests against federal preemption of local preempted by the FAA Authorization Act 49 U.S.C. 14501(c) and state regulation. Accordingly, local land-use regulations because they improperly attempted to regulate the price, route, surrounding ports are unlikely to be preempted by federal or service of any motor carrier. The court found that some reg- law. The CZMA specifically grants states broad authority to ulations imposed by the defendant port on motor carriers were regulate the coastal zone. Further, if local land-use regulations not preempted by the existing motor vehicle safety acts, as they happen to impact navigation, the local regulation will stand did not fall within the motor vehicle safety exception. as long as it does not directly conflict with federal regulation. Rail Transportation--Federal preemption of land-use Recommended Changes to and zoning regulations affecting freight rail transportation Enabling Act Comprehensive is far-reaching. Most local regulations placed on railroad Planning Goals Section right of ways, operating procedures, crossings, and facili- ties are preempted by federal law. Most attempts at zoning In many states, statutes include a list of elements that must or land-use regulation will be preempted when such regula- or may be included in comprehensive plans. Generally, this tions tend to make the operations of railroad carriers more list is contained in a section of the state code referred to as the difficult. Federal preemption of regulations on railroads is "zoning enabling act" or sometimes the "planning enabling found in the Interstate Commerce Commission Termination act." One element that is often missing within the enabling Act of 1996 (ICCTA). The broad definition of "transporta- act requirements is freight. Ideally, the state enabling act tion" in the ICCTA ensures that many railroad operations are would require local governments to evaluate how to protect protected from state and local regulation by federal preemp- current freight systems from incompatible uses and capacity tion. Courts, however, have been forced to limit the reach problems, as well as to protect needed future freight facilities. of federal preemption by finding that some facilities do not Changing the enabling act transportation and land-use element fall into the category of "transportation" by rail carriers, and instructions for the comprehensive plan will result in the that the incidental involvement of a railroad (such as being a inclusion of better freight review within the plan and have a landlord) is not sufficient for federal preemption of state and far-reaching impact on local land-use decisions. local actions. Furthermore, although most land-use and zon- There are few national examples of enabling acts that include ing regulations placed on rail carriers will be preempted by freight requirements. Washington's Enabling Act has specific ICCTA, a few state courts have recognized a limited class of elements regarding ports that are required within the compre- regulations that are not preempted. Reasoning that compli- hensive plan, as follows: ance with certain regulations would not substantially dis- rupt the operations of rail carriers, these courts have upheld RCW 36.70A.085--Comprehensive plans--Port elements some local and state regulations that impose minimal re- (1)Comprehensive plans of cities that have a marine con- quirements on railroads. However, relatively few cases have tainer port with annual operating revenues in excess allowed for this type of local regulation, and the area is far of sixty million dollars within their jurisdiction must from settled. include a container port element.