The law regarding Train Noise, there has been more trains parked here since my last post.

 33-400 The Noise Control Act of 1972 Issues regarding state and local regulation of train noise are evaluated under the Noise Control Act of 1972 (“NCA”), which establishes the maximum noise levels for rail cars engaged in interstate commerce. The preemption provision under the NCA has been described as being “decidedly narrow.” Rushing v. Kansas City Southern Ry. Co., 185 F.3d 496 (5th Cir. 1999). Many cases in this area are based on state nuisance claims brought by abutting landowners. Generally, if the noise generated by the train has a transportation purpose and is within the NCA’s noise limits, state and local regulation is preempted. Rushing, supra (holding that a triable issue of fact existed based on the plaintiffs’ lay opinion that the railroad’s expert’s opinion regarding compliance was based on sound measurements which did not reflect the true sound level plaintiffs typically heard); Jones v. Union Pacific RR, 79 Cal.App.4th 793 (2000) (holding that plaintiff’s nuisance claim could proceed against the railroad for excessive idling and horn blowing near plaintiff’s home because plaintiff had adequately alleged that these activities did not have a transportation purpose but were, instead, done solely to harass the plaintiff).