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Re: Oil Train Bill Goes to California Governor
Author: Dr Zarkoff
Date: 09-04-2014 - 21:22
Read the Sacbee article, and I don't find any of the harum-scarum people are weeping, wailing, and gnashing their teeth about in this here thread.
As others have said, "states' rights" are those powers not denied to the states nor reserved for the Fed. If anything this law might run afoul of the Interstate Commerce Clause, but I rather doubt it.
As for Moonbeam being "lawless", he's has a Juris Doctor from Yale Law School and for a while was a law clerk for a Calf Supreme Court justice.
>It used to be that by previous consent of Congress, states heavily regulated railroad safety, but the Staggers act took almost all of that away.
As far as I know, and this predates the Staggers Act, when it comes to interstate carriers, all Calif, or any other state for that matter, has ever been able to do regulating them is to set standards for walkways and clearances around the track. Safety etc has always been a Federal thing (ICC then FRA). What did change around the time of the Staggers Act is that State PUC inspectors became empowered (by Congress) to enforce CFR regulations in addition to State regs, supplementing FRA inspectors. At least this is what the people I know in the PUC and FRA have explained to me on and off over the last 20 years.
The State PUC has always had complete jurisdiction over intrastate railroads and railways (Key System, LA Railway, etc.)
As others have said, "states' rights" are those powers not denied to the states nor reserved for the Fed. If anything this law might run afoul of the Interstate Commerce Clause, but I rather doubt it.
As for Moonbeam being "lawless", he's has a Juris Doctor from Yale Law School and for a while was a law clerk for a Calf Supreme Court justice.
>It used to be that by previous consent of Congress, states heavily regulated railroad safety, but the Staggers act took almost all of that away.
As far as I know, and this predates the Staggers Act, when it comes to interstate carriers, all Calif, or any other state for that matter, has ever been able to do regulating them is to set standards for walkways and clearances around the track. Safety etc has always been a Federal thing (ICC then FRA). What did change around the time of the Staggers Act is that State PUC inspectors became empowered (by Congress) to enforce CFR regulations in addition to State regs, supplementing FRA inspectors. At least this is what the people I know in the PUC and FRA have explained to me on and off over the last 20 years.
The State PUC has always had complete jurisdiction over intrastate railroads and railways (Key System, LA Railway, etc.)
