carriers fit the Termination Act’s definition of “rail carrier.” 49 U.S.C. § 10102(5). The statute does not further define the term “common carrier,” but the general definition is “[a] carrier that is required by law to transport passengers or freight, without refusal, if the approved fare or charge is paid.” Blaoic’s Law Dictionary 205 (7th ed.1999). The core of the State’s argument is that, because Susquehanna sells in advance all (the contaminated-soil facility) or nearly all (the C & D facilities) of its capacity to one shipper, it offers nothing to the general public, as the definition of “common carrier” requires. The common law differentiates between “private carriers” and “common carriers.” See, e.g., York Co. v. Cent. R.R., 70 U.S. (3 Wall.) 107, 112, 18 L.Ed. 170 (1865) (<HOLDING>). We have held that [t]he distinctive
recognizing that state courts may be able to limit the retroactive effect of their declarations of state law holding itca does not create new causes of action but creates acceptance of liability under circumstances that would bring private liability into existence holding that land dedicated for a public street may not be leased to a private entity for private use holding that common carriers may limit their liability by undertaking private carriage recognizing private right of action