STB Consolidates Guidance on Federal Preemption of Rail-Related Laws

On November 9, 2026, the Surface Transportation Board (STB) issued a policy statement in Docket No. EP 791 addressing its jurisdiction under the Interstate Commerce Commission Termination Act of 1995 (ICCTA) and federal preemption of state and local laws that conflict with rail transportation. The agency described the action as consolidating its guidance on preemption. For government contractors and project owners, the statement is relevant as a reference for understanding how federal rail jurisdiction may intersect with state and local requirements; it is not an announcement of a solicitation, award, or new funding stream.

The guidance may have practical implications for projects involving rail infrastructure, access to railroad rights-of-way, utilities, environmental permitting, and railroad crossings. These activities can involve multiple approval authorities and dependencies, and a state or local requirement may raise a federal preemption question depending on the project’s facts. The policy statement should therefore be considered in project-specific legal and regulatory reviews rather than treated as a blanket exemption from all state and local requirements.

For contractors, railroads, shippers, and government procurement teams, the immediate value is in assessing approval pathways and identifying potential conflicts early. Teams planning work on or near rail property can review whether state or local permits, restrictions, or other conditions could affect schedule, scope, access, or execution. The statement may help inform those assessments and dispute-risk planning, but it does not itself resolve every project-specific question or replace required approvals and compliance analysis.

The STB’s action is a policy statement, not a procurement action. It does not impose a new contract requirement or create an opportunity to compete for government work. Contracting officers, program managers, and industry teams should use the consolidated guidance as an input when evaluating permitting dependencies and coordinating with relevant authorities. The STB’s source materials include its November 9 announcement and a dedicated preemption-policy resource; media inquiries may be directed to media@stb.gov or (202) 245-0245.

• Agency: The Surface Transportation Board issued the policy statement on November 9, 2026.
• Docket: The statement was issued in Docket No. EP 791.
• Legal framework: It consolidates STB guidance on jurisdiction under the ICCTA and federal preemption of conflicting state and local laws affecting rail transportation.
• Potentially affected work: Rail infrastructure, railroad right-of-way access, utilities, environmental permitting, and crossing projects may warrant review.
• Project assessment: Contractors, railroads, and shippers should consider how the guidance applies to the specific facts and approval processes for each rail-related project.
• Procurement implication: The statement may inform permitting dependencies, compliance planning, and dispute-risk assessments, but does not create a new procurement opportunity.
• Funding and requirements: No procurement funding is announced, and the statement does not impose a new contract requirement.
• Source materials: STB published a news release and a separate preemption-policy resource for reference.
• Media contact: Inquiries may be directed to media@stb.gov or (202) 245-0245.