161186P.pdf   12/19/2016  City of Ozark, AR  v.  Union Pacific Railroad Co.
   U.S. Court of Appeals Case No:  16-1186
                          and No:  16-1187
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges] 
   Civil case - Interstate Commerce Commission Termination Act. The Act's 
   express preemeption provision, 49 U.S.C. Section 10501(b), applies to this 
   dispute; further, the Railroad made a strong showing that the remedy the 
   City sought - restoration of a public at-grade crossing or, alternatively, 
   permission to condemn the land at the crossing - would "impede rail 
   operations or pose undue safety risks," which are the Surface 
   Transportation Board's governing preemption standards; as result, the 
   matter must be remanded to the district court with instructions to rule on 
   the Railroad's motion to dismiss the City's amended complaint for lack of 
   jurisdiction unless the City obtains a ruling from the Surface 
   Transportation Board that it lacks or declines exclusive jurisdiction over 
   this dispute.