Whether the Fifth Circuit erred in retroactively applying the preemption provisions of the Interstate Commerce Commission Termination Act (ICCTA) to a railroad's voluntarily assumed contractual obligations to a city and county, in conflict with precedent from other circuits.

Specifically:

Question 1: In upholding the District Court's grant of summary judgment de novo, did the Fifth Circuit err in retroactively applying the preemption provisions of the ICCTA in conflict with Eighth and Ninth Circuit precedent?

Question 2: Did the Fifth Circuit err in its analysis of Union Pacific's voluntary decision to assume the obligations contained in the 1954 agreement, in conflict with Fourth Circuit precedent?

Whether the Fifth Circuit erred in retroactively applying the preemption provisions of the Interstate Commerce Commission Termination Act (ICCTA) to a railroad's voluntarily assumed contractual obligations to a city and county, in conflict with precedent from other circuits