United States DC Circuit

The Surface Transportation Board (Board) lacked authority to order that one railway company may continue to cross the tracks of another, when the Board did not issue the necessary certificate authorizing such a crossing under the Interstate Commerce Act.

Appellate Information

• Argued 05/14/2002
• Decided 06/14/2002
• Published 06/14/2002

Judges

• Before:  GINSBURG, Chief Judge, and RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William A. Mullins argued the cause and filed the briefs for petitioner., Michael E. Roper and Robert M. Jenkins III were on the brief for intervenor.  Richard E. Weicher entered an appearance.


• For Appellees:
  
• Theodore K. Kalick, Attorney, Surface Transportation Board, argued the cause for respondents.   With him on the brief were Ellen D. Hanson, General Counsel, Craig M. Keats, Deputy General Counsel, John P. Fonte and Robert B. Nicholson, Attorneys, U.S. Department of Justice.