by Bob Walsh
Back in 2015 Governor Moonbeam managed to get the legislature of the formerly great state of California to pass a bill that nailed railroads $45 per trip per rail car for carrying certain "hazardous" (undesirable) cargo, like crude oil. Federal law allows such a charge, but only if it is "fair".
The railroads complained that this is not even in the same ballpark as the fees charged trucking companies, which is $100 initially and $75 per year renewal for trucks carrying hazardous cargo.
The 9th Circuit agreed with the railroads. One of the three members of the panel, Sandra Ikuta, also had a problem with the whole notion of local governments regulating rates charged by railroads, be they fair or otherwise.
The California law covers 25 assorted hazardous materials.
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