Policy Statement on Jurisdiction and Preemption Under the ICC Termination Act

The Surface Transportation Board (STB or Board) is issuing this policy statement on the scope of its jurisdiction over transportation by rail carriers and on preemption of conflicting state and federal laws under the ICC Termination Act of 1995 (ICCTA). The policy statement provides an overview of the Board's jurisdiction and preemption through a review of existing legal precedent, discussing many commonly occurring questions. The Board intends the policy statement to serve as a useful tool for the public to review, in one place, concise explanations from the Board about its jurisdiction and application of preemption, which the Board anticipates will reduce confusion and facilitate the efficient resolution of disputes.

This is a factual description of what was issued or decided, not an assessment of it.