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← 859 F.3d 16 - Delaware v. Surface Transportation Board

Delaware v. Surface Transportation Board’s Empirical Analysis

859 F.3d 16 · 2017

Citation profile

7
cited by 7 later decisions
4
states following
August 2022
most recently cited

4 state decisions

Relationships

Applies 49 U.S.C. § 10102 · 49 U.S.C. § 10501

Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Skidmore v. Swift & Co. · United States v. Mead Corp. · Wyeth v. Levine · Nuclear Energy Institute, Inc. v. Environmental Protection Agency

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “'the act of regulation itself' " and not on the reasonableness of a particular state statute or regulation). Furthermore, "[s]tate statutes or regulations that are not categorically preempted may still be impermissible if, as applied, they would have the effect of unreasonably burdening or interfering with rail transportation.”
    1 later decision quote this exact passage · from the majority
  2. “a locomotive, car, vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, by rail,”
    1 later decision quote this exact passage · from the majority
  3. “There is some legal uncertainty in this circuit about the appropriate level of deference a court owes to an agency's determination of its own preemption.”
    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.