United States DC Circuit

In a petition for review of a Surface Transportation Board order concluding that a public railroad must obtain authorization from the Board to abandon certain railroad trackage, the petition is granted where the Board lacked jurisdiction to approve or deny applications for abandonment pursuant to 49 U.S.C. section 10903.

Appellate Information

• Argued 04/20/2009
• Decided 06/26/2009
• Published 06/26/2009

Judges

• Before: HENDERSON, TATEL and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert M. Jenkins III argued the cause for petitioner Consolidated Rail Corporation.  Jonathan M. Broder was on brief., Fritz R. Kahn argued the cause for petitioners 212 Marin Boulevard, L.L.C. et al., Andrea Ferster and Charles H. Montange were on brief for the intervenors.


• For Appellees:
  
• Ronald Molteni, Attorney, Surface Transportation Board, argued the cause for the respondents.  Deborah A. Garza, Acting Assistant Attorney General, United States Department of Justice, at the time the brief was filed, Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Evelyn G. Kitay, Associate General Counsel, were on brief. Craig M. Keats, Associate General Counsel, entered an appearance.