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Aux Sable Liquid Products v. Murphy

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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.

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