by newpylong
More importantly this section tells Portsmouth to piss off:
If Portsmouth or any other state or local entity were to take actions as part of a proposed safety/hazard study, or otherwise, that interfere unduly with Pan Am’s common carrier operations, those actions would be preempted under § 10501(b). See, e.g., Bos. & Me. Corp.—Pet. for Declaratory Order, FD 35749 (STB served Oct. 31, 2013) (confirming that the Town of Winchester’s directive prohibiting Pan Am from conducting transportation over a rail line was preempted). As the Board and the courts have explained, Portsmouth may apply non-discriminatory regulations to protect public health and safety, but only provided that its regulations do not have the effect of foreclosing or unduly restricting Pan Am’s ability to conduct operations over its Newington and Portsmouth Branches, or otherwise unreasonably burden interstate commerce.[17]
If Portsmouth or any other state or local entity were to take actions as part of a proposed safety/hazard study, or otherwise, that interfere unduly with Pan Am’s common carrier operations, those actions would be preempted under § 10501(b). See, e.g., Bos. & Me. Corp.—Pet. for Declaratory Order, FD 35749 (STB served Oct. 31, 2013) (confirming that the Town of Winchester’s directive prohibiting Pan Am from conducting transportation over a rail line was preempted). As the Board and the courts have explained, Portsmouth may apply non-discriminatory regulations to protect public health and safety, but only provided that its regulations do not have the effect of foreclosing or unduly restricting Pan Am’s ability to conduct operations over its Newington and Portsmouth Branches, or otherwise unreasonably burden interstate commerce.[17]