OKLAHOMA CITY — BNSF Railway has filed suit to block an Oklahoma law which allows fines for railroads blocking grade crossings for more than 10 minutes.
The Oklahoman reports the suit filed Thursday in federal court in Oklahoma City seeks to establish that, as interstate commerce, railroad operations are governed by federal agencies.
The suit specifically targets police departments in Edmond and Davis, Okla., that have cited BNSF under the new law [see “BNSF cited under Oklahoma blocked-crossing law,” Trains News Wire, Aug. 1, 2019], as well as members of Oklahoma Corporation Commission, which can issue fines up to $1,000 for each violation.
BNSF won a case against a similar law in Kansas last year, while Norfolk Southern (in Indiana) and CSX Transportation (in Ohio) have also successfully challenged state laws in the last two years.