On October 27, 2006, the Village of Croton-on-Hudson posted a news release on their website indicating that as a result of a Federal Court decision, Buffalo Southern Railroad (BSOR) could commence transloading operations of certain materials at 1A Croton Point.
And in fact, just two weeks to the day, on Friday, November 10, 2006, gypsum from the LaFarge plant in Buchanan, New York began arriving by truck in Croton. According the court decision, BSOR can accept trucks containing gypsum from Lafarge, deposit the gypsum on the floor of the building, and transfer it into rail cars for shipment.
Evidence of those deliveries are made clear by the tire marks of trucks that exited the transfer station at 1A Croton Point Avenue facility and left a clear trail of white gypsum dust from the facility to onramp to Route 9 North.
Trustee Charlie Kane, who first reported the initial gypsum deliveries to Crotonblog said, “This event is disturbing as all local, county, and state control of the facility is now preempted by federal law as we have stated many times.” Further, he added, “With a toehold at this point, any commodity may be transloaded, and any facility related to transloading will be preempted from local regulation. Also, much case law exits supporting the railroads on this issue.”