Some states try to save railroad regulation authority, seeking to prevent blocked crossings that endanger citizens

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A roadway blocked by a train can mean an unpredictable wait: five minutes, 30, or an hour; and however common, often the extended wait time is illegal under state law. "Thirty-seven states and the district have adopted statutes or regulations limiting how long trains may block grade crossings," reports Daniel C. Vock of Route Fifty. "But lower courts have determined that federal laws pre-empt the state rules, even though the federal laws don’t specifically address blocked crossings."

In response to a federal court ruling in Ohio, "Eighteen states are asking the U.S. Supreme Court to hear a case that could affect their ability to regulate railroad crossings and the amount of time freight trains can block local roads," Vock writes. "The attorneys general argued that the problem of trains blocking roadways has become worse, as railroads use longer and longer trains to increase efficiency. 'Blocked grade crossings have serious—sometimes life-threatening—consequences for everyday Americans,' they wrote."

The AGs' friend-of-the-court brief argues, "Too many emergency vehicles have arrived too late to save lives; too many EMTs have risked life and limb climbing over trains to reach those in need; too many fires have burned while emergency crews detoured miles out of the way; and too many communities have been bisected for days waiting for train crews to unblock intersections."

The attorneys general want the Supreme Court to reaffirm state authority: “For over a century, state and local authorities have regulated safety at railroad crossings through anti-blocking laws that limit how long stopped trains may block crossings. Those laws not only safeguard public thoroughfares but also ensure passage by emergency personnel to citizens in need."

Supporting Ohio’s appeal are Alabama, Connecticut, Delaware, Idaho, Indiana, Kansas, Kentucky, Michigan, Mississippi, Montana, Nebraska, Oklahoma, Oregon, South Carolina, Texas, Virginia, Washington, West Virginia, and the District of Columbia.