Railroads Ask 4th Circuit to Review Va. ISP Access Decision

The Association of American Railroads appealed an ISP access case to the 4th Circuit U.S. Court of Appeals. The association notified the U.S. District Court for Eastern Virginia about the appeal Wednesday in the district court’s docket 1:23-cv-00815-DJN-WEF. Last month, Judge David Novak dismissed the railroad association’s lawsuit against state officials including Virginia State Corporation Commission Judge Jehmal Hudson (see 2404170052). The railroads disagree with a 2023 state law that gave ISPs access rights to railroad property. The district court rejected each count of the complaint for various reasons, including lack of standing, failure to state a claim and sovereign immunity.