Borough of RiverdalePetition for Declaratory OrderThe New York, Susquehanna and Western Railway Corporation

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The Surface Transportation Board has issued a decision in a case involving the Borough of Riverdale, NJ and The New York, Susquehanna and Western Railway Corporation instituting a declaratory order proceeding to address preemption issues. To provide guidance, the decision also summarizes various decisions concerning the reach of the express preemption in 49 U.S.C. 10501(b).