United States Ninth Circuit

Dismissal, for lack of subject matter jurisdiction, of an action challenging agency rulemaking under environmental protection laws is affirmed where the district court properly found that, because a challenged Department of Transportation rule regulated transportation of hazardous materials by rail, as well as by other modes of transportation, exclusive jurisdiction rested in the courts of appeals.

Appellate Information

• Argued 05/16/2006
• Decided 07/24/2006
• Published 07/24/2006

Judges

• RYMER, Circuit Judge., Before PAMELA ANN RYMER and KIM McLANE WARDLAW, Circuit Judges, and JAMES V. SELNA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul Lamboley, San Francisco, CA, for the appellants.


• For Appellees:
  
• John L. Smeltzer, United States Department of Justice, Washington, D.C., for the appellee.