Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Texas high court hears challenge to 'primary jurisdiction' referrals to federal STB in railroad case
Summary
At oral argument in case No. 250149, counsel for the relator urged the Texas Supreme Court to rein in or overrule the primary jurisdiction doctrine that permits state courts to refer legal questions to federal agencies like the Surface Transportation Board; opposing counsel said the STB remains a useful tool where it has concurrent authority.
The Supreme Court of Texas on Wednesday heard argument in case No. 250149 over whether state courts may, as a matter of doctrine, refer legal questions about railroad common-carrier status to federal agencies such as the Surface Transportation Board (STB).
Counsel for the relator (Speaker 1) told the court that Texas law requires courts to decide questions of law de novo and should not routinely outsource adjudication to executive agencies. "State courts must decide questions of law, including questions of statutory interpretation, de novo, without giving deference to any legal determination by a state agency," Speaker 1 said during argument, urging the court to limit or overrule the primary…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
