United States Second Circuit
NY Atlantic Railway v. Surface Transportation Bd., 10-1490
Petition for review of the decision of the Surface Transportation Board (STB) that petitioner did not fall within the exclusive jurisdiction of the STB, and thus failed to qualify for federal preemption from local zoning regulations is denied because administrative decision was neither neither arbitrary nor capricious.
Appellate Information
- Decided 03/15/2011
- Published 03/15/2011
Judges
- POOLER
Court
- United States Second Circuit
Counsel
- For Appellant:
- RONALD A. LANE, VIRGINIA STRASSER