Preseault v. Interstate Commerce Commission’s Empirical Analysis
853 F.2d 145 · 1988
Citation profile
13 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 29 later decisions (3 by the Supreme Court) — most recently June 2018 · most notably Preseault v. Interstate Commerce Commission (1990), Preseault v. United States (1996)
13 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
Relationships
Applies 16 U.S.C. § 1247 · 28 U.S.C. § 1331 · 28 U.S.C. § 2342 · 49 U.S.C. § 10906
Relies on Califano v. Sanders · Weinberger v. Salfi · Flemming v. Nestor · Hodel v. Virginia Surface Mining & Reclamation Assn., Inc. · First English Evangelical Lutheran Church v. County of Los Angeles
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[concerned about the disintegration of our national rail system due, in part, to abandonment of rail corridors, [C]on-gress called for a study on establishing a “rail bank” consisting of selected abandoned railroad rights-of-way. Railroad Revitalization and Regulatory Reform Act of 1976 [(4-R Act)], § 809, Pub.L. No. 94-210, Title VIII, 90 Stat. 144 (codified as amended at 49 U.S.C. § 10906 (1980)). One significant impediment to the preservation of rail corridors has been that much railroad right-of-way is held by easement only and, under the laws of some states, once rail service is discontinued such easements automatically expire and the rights-of-way revert to adjacent property owners. To address this problem, [Cjongress enacted 16 U.S.C. § 1247 (d) as part of the 1983 Trails Act Amendments in order (1) to preserve for possible future railroad use rights-of-way that are not currently in service and (2) to allow interim use of the rail corridors as recreational trails.”
1 later decision quote this exact passage · from the majority“In determining whether an exercise of congressional power is valid under the commerce clause a court may consider only (1) whether there is any rational basis for a congressional finding that the regulated activity affects interstate commerce; and (2) whether “the means chosen by [Congress are] reasonably adapted to the end permitted by the Constitution.””
1 later decision quote this exact passage · from the majority“Section 1247(d) enables railroads that wish to discontinue service to help preserve rights-of-way for future rail use, when they might otherwise seek to abandon a line; it protects the railroad from liability in the interim; and it provides for maintenance of the right-of-way by .the trail user during the interim.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.