A lawsuit launched by the American Association of Railroads last year has been dismissed by a federal judge. In his decision, Judge David Novak in the Eastern District of Virginia wrote that the railroad industry group does not have standing to challenge a Virginia law regarding the placement of broadband fiber along railroad tracks. As Cardinal News adds, the dismissal of the current suit would not preclude Norfolk Southern and CSX from filing lawsuits on their own behalf.
“The bill I sponsored that is now law was carefully drafted to balance both the essential need to bring 21st century fiber optic cable to all Virginians regardless of their zip code, with the ensconced property rights of the railroads during the cable installation process,” responded State Senator Bill Stanley. “The Court today found that this new law that the General Assembly overwhelmingly passed last year is both fair, just, and constitutional.”
Stanley continued: “This is not only a victory for our great local electric co-ops that have worked so hard to bring broadband to the far reaches of the Commonwealth, but also is a major victory for our rural and urban areas to be able to finally access broadband in their homes and businesses in the very near future — a technology that so many of our suburban communities now take for granted. I hope that the railroads will now be a good and willing partner with our Virginia co-ops so we can finish this critical task.”
Whether either of the individual rail carriers will choose to pursue the matter further is unknown at this time, according to Cardinal News. Novak dismissed a number of specific counts without prejudice, which would bar the American Association of Railroads from moving forward with those issues, but would allow the carriers to pick up those grievances if they choose. Two counts having to do with “private property for private use, rather than public use” and “property deprivation” cannot be revisited.
Speaking on behalf of the state’s co-ops, Casey Logan, chief executive officer at Chase City-based Mecklenburg Electric Cooperative, spoke out in favor of the judge’s ruling, noting, “This law unanimously passed in 2023 and was the product of a bipartisan effort to take swift action to ensure that every Virginia family is connected to broadband and that railroad crossings are accomplished safely, in accordance with relevant regulations.”
Stanley, who is also a trial lawyer, stated that he did not expect to see a repeat challenge from the railroads. “I always expect an appeal,” he explained, “especially from the big folks when they lose. But it is an extensive and well thought out opinion. The judge touched every base.”
Reader Interactions