STB, ICCTA & North America Rail: Preemption Clarification Impact

The Surface Transportation Board responds to coalition’s letter, clarifying ICCTA preemption regarding **rail transportation** jurisdiction, impacting **railroads** and shippers.

STB, ICCTA & North America Rail: Preemption Clarification Impact
September 28, 2025 5:54 am
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Introduction

The Surface Transportation Board (STB) responded this week to a letter from a coalition of railroad, shipper, and intermodal officials concerning their views on federal preemption scope and application under the Interstate Commerce Commission Termination Act (ICCTA) of 1995.

Background

The coalition submitted a letter to the STB last week requesting clarification of ICCTA preemption. The coalition cited instances of state and local authorities misinterpreting or misapplying the ICCTA. The group’s letter stated the law explicitly grants the STB exclusive jurisdiction over rail transportation and the construction, acquisition, operation, abandonment, or discontinuance of rail infrastructure.

Coalition Members

The letter was signed by representatives from multiple organizations.

  • Association of American Railroads
  • American Short Line and Regional Railroad Association
  • American Chemistry Council
  • National Grain and Feed Association
  • Intermodal Association of North America
  • National Industrial Transportation League
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Conclusion

The Surface Transportation Board responded to a letter from a coalition regarding ICCTA preemption, specifically addressing concerns about how state and local authorities interpret and apply the Act.

Company Summary

Surface Transportation Board (STB): The STB is a federal agency with regulatory oversight over the freight rail industry.

Association of American Railroads: An industry trade group representing major freight railroads in North America.

American Short Line and Regional Railroad Association: Represents the interests of short line and regional railroads.

American Chemistry Council: A trade association representing companies involved in the business of chemistry.

National Grain and Feed Association: An organization representing agribusinesses involved in the grain, feed, and processing industries.

Intermodal Association of North America: A trade association focused on the intermodal freight industry.

National Industrial Transportation League: A trade association representing shippers.