49 U.S.C. § 20106 — Preemption

(a) National Uniformity of Regulation. (1) Laws, regulations, and orders about railroad safety, and laws, regulations, and orders about railroad security, must be nationally uniform as much as practical. (2) A state can adopt or keep a law, regulation, or order about railroad safety or security until the Secretary of Transportation (for safety matters) or the Secretary of Homeland Security (for security matters) prescribes a regulation or issues an order covering the same subject. Even then, a state can adopt or keep an additional or stricter law, regulation, or order about railroad safety or security if it: (A) is needed to eliminate or reduce a hazard that is essentially local; (B) isn't incompatible with a federal law, regulation, or order; and (C) doesn't unreasonably burden interstate commerce. (b) Clarification Regarding State Law Causes of Action. (1) Nothing in this section blocks a state-law lawsuit seeking damages for personal injury, death, or property damage that claims a party: (A) failed to meet the federal standard of care set by a regulation or order the Secretary of Transportation or Secretary of Homeland Security issued covering the subject matter, as provided in subsection (a); (B) failed to follow its own plan, rule, or standard that it created under a regulation or order from either Secretary; or (C) failed to follow a state law, regulation, or order that isn't incompatible with subsection (a)(2). (2) This subsection applies to all pending state-law lawsuits arising from events or activities happening on or after January 18, 2002. (c) Jurisdiction. Nothing in this section creates a federal cause of action for an injured party, or gives federal courts jurisdiction over these state-law claims.