By: Senator Michael O. Moore
On Friday, September 19, 2014, the Surface Transportation Board issued an egregious ruling against the attempts of Grafton and Upton from protecting residents stating that federal law preempts state and local preclearance regulations and other requirements that would prohibit the Grafton & Upton Railroad’s construction and operation of a liquefied petroleum gas trans-load facility in Grafton.
In the 1800s, with the eyes of the Nation focused on western expansion, the railroad industry provided new cutting edge technology to transport people and goods across the country quicker than any other mode of transportation to date. In the 1860s, the Lincoln Administration signed into law legislation which granted land to railroad companies for construction and also granted railroad companies preemption rights. Preemption rights allowed railroad companies to circumvent local and state laws and regulatory requirements to prevent unnecessary obstacles from hindering the federal government’s goal of transcontinental travel. However, unlike the days of the Lincoln Administration, railroad companies are no longer traveling through vast, open territory but through settled cities and towns with densely populated neighborhoods.
As a member of the Senate serving the Second Worcester District, which includes Grafton and Upton, I am keenly aware of the vital role that the Nation’s railroads play in sustaining our economy. However, when it appears that a third party is using a railroad to try to escape local permitting and other regulatory requirements, there is an unwarranted abuse of the privilege of preemption, a privilege which is not afforded to other businesses or industries who must adhere to similar regulations. There needs to be a balance between protecting the rights of the railroad and the ability for town and state officials to adequately protect the safety and investments of the residents. These laws are cumbersome and often subjective. When a railway claims preemption it can often mean that our communities that are already struggling to provide services must then engage in costly and lengthy litigation to attempt to protect its citizens.
As we await the Surface Transportation Board’s ruling on the petition brought forth by a group of Upton citizens on the Grafton & Upton Railroad, I call on Senators Elizabeth Warren and Ed Markey, Congressman James McGovern and the other members of the Massachusetts Delegation to lead Congress in reforming federal preemption laws and to strike a balance between protecting interstate commerce via railways and the protection of the citizens whose lives are often adversely affected. Congress must pass legislation to clarify local authority on these matters in an effort to ensure a fair process for all parties involved.
UPTON DAILY 
New Jersey Senator Lautenburg was able to enact the Clean RR Act of 1990 that gave towns and States jurisdiction when it came to solid waste facilities. All a Federal US Senator would need to do is expand on this to include not just solid waste, but all facilities that trans-load HAZMAT’s of any kind. This would be how to keep us safe from these outdated 1800’s laws when cargo was very different Take a look by searching “Clean RR Act of 1990- for an idea of just how this can be done.”
“Informed” – thank you for that information.
It seems to my our esteemed State Senator is trying to rally the troops around a dead horse. I believe it was about 10 years ago or thereabouts that the FEDERAL government strengthened railroad legislation IN FAVOR OF THE RAILROADS. Seriously, who thinks that anything at the federal level will do a 180 turn anytime soon? The railroads are here to stay, and in actuality are coming back to life more and more across the country, providing a cheaper and GREENER option to highway movement of goods.
Purely political posturing on the part of Senator Moore. Is he up for re-election this year? 🙂
Thanks for bringing Senators Moore’s position to our attention. I am happy to see him take a firm position on the side of protecting the citizens of Upton. What prevents railroads from storing or transporting dangerous materials? Are there currently any safeguards for citizens in communities with rail transport?
As a long time resident of Upton who every day experiences that third party using a railroad to try to escape local permitting and other regulatory requirements, I applaud Senator Moore’s comments and suggestions.
Thank you Senator Moore.
Thank you Senator Moore. It’s time to update these laws.
I commend Senator Moore for reminding us that 100 year old Federal Preemption laws don’t make sense in today’s world. I urge concerned citizens to write Senators’ Markey and Warren and Congressman McGovern imploring them to act and update these laws.
I agree, giving power to the states when it comes to these hazardous would help us protect our rights to human health. New Jersey Senator Lautenburg was able to lead the way for us all with the Clean RR Act that gave towns and States jurisdiction when it came to solid waste facilities. All a Federal US Senator would need to do is expand on this to include not just solid waste, but all facilities that transload HAZMAT’s of any kind. This would be how to keep us safe from these outdated 1800’s laws. Take a look http://pallone.house.gov/press-release/nj-members-comment-court-decision-solid-waste-processing
This is not surprising. Government, especially the Federal Government, doesn’t care about the citizens, it’s all about maintaining their power over them.