X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED DECEMBER 5, 2007

Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

This case concerns to what degree the Surface Transportation Assistance Act (“STAA”), which governs access to and from the federal Interstate system, preempts local weight restrictions on bordering roads. Since 2001, loaded trucks leaving a propane loading facility (“the Terminal”) owned by Plaintiff Aux Sable Liquid Products reached Interstate 57 (“I-57″) via Ridgeland Avenue in Monee Township, Illinois. In 2006, the Monee Township Highway Commissioner, in order to protect Ridgeland Avenue from damage, limited the truck weight on the road to 14 tons, a weight less than that of an unloaded propane truck. Aux Sable then brought suit seeking injunctive relief under the STAA, as codified at 49 U.S.C. § 31114, and under the Illinois Vehicle Code, 625 ILL. COMP. STAT. 5/15 et seq., against Defendants Kenneth Murphy (the Monee Township Highway Commissioner), Monee Township, and the Monee Township Highway Department. Aux Sable also claimed that Defendants should be estopped from changing the weight limits on the road. The district court granted Aux Sable’s motion for a preliminary injunction and later granted Aux Sable’s motion for summary judgment, finding that the STAA preempted the local weight restrictions placed on Ridgeland Avenue. For the reasons discussed below, we affirm.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Complex Claims & Litigation Forum 2024

February 26, 2024 - February 28, 2024
Las Vegas, NV

The conference experience aimed to help insurers and litigators Prevent, Prepare, and Prevail in complex claims cases and risks.


Learn More

Women, Influence & Power in Law UK Awards 2024

March 06, 2024
London, UK

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Florida Legal Awards (FLLA) 2024

April 04, 2024
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

Associate Attorney


Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...


Apply Now ›

GENERAL LIABILITY ATTORNEY - NEW YORK


Growing Mineola defense firm seeks independent associate (at least 4 years post-admission) with excellent deposition skills and demonstrated...


Apply Now ›

(EXCLUSIVE) TRIAL ATTORNEY WANTED FOR LEADING INSURANCE PROVIDER MEDICAL MALPRACTICE EXPERIENCE REQUIRED (Florida - Remote)


Our client, a large provider of liability insurance, has exclusively engaged us to identify a highly qualified trial attorney to join their ...


Apply Now ›

Danaher Lagnese, PC

02/22/2024
Connecticut Law Tribune

Professional Announcement


View Announcement ›

Blume Forte Fried Zerres & Molinari

02/19/2024
New Jersey Law Journal

Frederick D. Miceli has joined the firm as Of Counsel


View Announcement ›

BENCHMARK RESOLUTION SERVICES, LLC

01/29/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›