United States DC Circuit

In a petition for review of the denial of petitioner's application to the Surface Transportation Board for an order declaring that 49 U.S.C. section 10501(b), a provision of the Interstate Commerce Act preempted all state and local regulations insofar as they affected rail lines and that the Board had exclusive jurisdiction over petitioner's activities at one of his properties, the petition is granted where the Board failed to explain why, in order for it to have jurisdiction, petitioner must transport his maintenance-of-way equipment by rail using tracks he owned or operated rather than transporting the equipment by truck or as a shipper over track he did not own or operate.

Appellate Information

• Decided 01/22/2010
• Published 01/22/2010

Judges

• Before GINSBURG, HENDERSON and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James Riffin, pro se, argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• Erik G. Light, Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Deborah A. Garza, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Craig M. Keats, Deputy General Counsel., Charles A. Spitulnik, W. Eric Pilsk, and Allison I. Fultz were on the brief for intervenors Board of County Commissioners of Allegany County, Maryland, et al. in support of respondents.