# STB Clarifies Rail Preemption Guidance

On November 9, 2026, the Surface Transportation Board (STB) issued a policy statement in Docket No. EP 791 consolidating its guidance on jurisdiction under the Interstate Commerce Commission Termination Act of 1995 (ICCTA) and federal preemption of conflicting state and local laws affecting rail transportation. The statement does not announce procurement funding or impose a new contract requirement, but it may affect approvals and compliance decisions for rail infrastructure, right-of-way access, utilities, environmental permitting, and crossing projects.

- Contractors, railroads, and shippers should assess how the STB’s guidance applies to the specific facts and approval processes for their rail-related projects, including potential conflicts with state or local requirements.
- Procurement and project teams can use the statement when evaluating permitting dependencies and dispute risk for work on or near rail property; it does not, by itself, create a new procurement opportunity or funding source.
- STB media inquiries about the policy statement can be directed to media@stb.gov or (202) 245-0245.

**Jurisdictions:** federal
**Industries:** Transportation
**Topics:** Regulatory Compliance
**Published:** November 10, 2026

### Government Entities
- Surface Transportation Board (STB)

### Sources
- [Surface Transportation Board](https://www.stb.gov/news-communications/latest-news/pr-26-25/) - STB
- [Surface Transportation Board](https://www.stb.gov/resources/preemption-policy/) - STB