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Richmond Prevails in Court Against BNSF in Criminal Complaint for Blocking Grade Crossings

When the Richmond City Attorney filed a criminal complaint against BNSF for blocking grade crossings in violation of PUC General Order 135, the railroad filed a demurrer claiming that Federal law preempted the California Public Utility Commission (PUC) from enforcing General Order 135. See the Richmond brief and supporting letter from the PUC.


On June 18, the Superior Court agreed with Richmond and rejected BNSF’s preemption argument. BNSF indicated they would immediately appeal.


The Richmond City Attorney’s Office is to be congratulated for their highly professional argument to the Court and their round one victory.