United States Fourth Circuit

A railroad right-of-way owner's petition for review of the Surface Transportation Board's (STB) denial of its application to abandon freight transportation use of the right-of-way and to convert it to a recreational trail as authorized by the National Trails System Act, is affirmed where: 1) the STB did not act arbitrarily and capriciously in concluding that the user agreements, which included qualifications to the undertakings, did not satisfy the statutory and regulatory obligations that the sponsors assume full responsibility for any liability or indemnify the petitioner for any potential liability; 2) petitioner's claim that the regulation is unreasonable is rejected; and 3) the STB's decision was not an improper discharge of the agency's duties.

Appellate Information

• Decided 11/21/2012
• Published 11/21/2012

Judges

• Niemeyer

Court

• United States Fourth Circuit

Counsel