United States DC Circuit

Owner of a rail line has demonstrated no injury-in-fact from defendant's orders permitting Amtrak to operate trains at speeds of up to 79 mph; the orders expressly recognize the Federal Railroad Administration's primary and continuing jurisdiction over safety.

Appellate Information

• Argued 02/13/2004
• Decided 04/20/2004
• Published 04/20/2004

Judges

• Before:  GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eric L. Hirschhorn argued the cause for the petitioners.  Robert B. Culliford was on brief., Christopher T. Handman argued the cause for the intervenors.  Nathaniel M. Rosenblatt, George W. Mayo, Jr. and Eric Von Salzen were on brief.


• For Appellees:
  
• Jamie P. Rennert, Attorney, Surface Transportation Board, argued the cause for the respondent.  Robert H. Pate III, Assistant Attorney General, United States Department of Justice, Ellen D. Hanson, Deputy General Counsel, Craig M. Keats, Associate General Counsel, Surface Transportation Board, and Robert B. Nicholson and John P. Fonte, Attorneys, United States Department of Justice, were on brief.