Surface Transportation Board Clarifies Rail Transportation Jurisdiction and Federal Preemption
The Surface Transportation Board (STB) issued a policy statement on November 9, 2026, to clarify its jurisdiction over rail transportation and the preemption of conflicting state and federal laws under the Interstate Commerce Commission Termination Act of 1995 (ICCTA). This statement aims to provide clear guidance on the federal framework governing rail transportation, reduce uncertainty, and promote a nationally uniform, efficient rail network. The Association of American Railroads (AAR) and other railroad and shipper associations have welcomed this guidance. The STB's policy statement addresses commonly arising state and local preemption issues and explains how ICCTA interacts with other federal laws, such as the Federal Railroad Safety Act, the Clean Air Act, and the Clean Water Act. This action consolidates decades of Board and court decisions into a single resource, making it easier for stakeholders to understand and apply the regulations.
