Commuter Rail Div. v. Surface Transp. Bd., 08-1346
In a petition for review of the Surface Transportation Board's approval of the acquisition of certain railroads by another railroad, the petition is denied where: 1) one petitioner lacked standing because, if the board's decision were overturned, the construction authorization would not be affected and no new environmental impact statement would be required for the area; and 2) the board did not abuse its discretion in approving the transaction.
- Argued 05/07/2010
- Decided 06/15/2010
- Published 06/15/2010
Before: GINSBURG, HENDERSON and GARLAND, Circuit Judges.
Robert P. vom Eigen argued the cause for petitioner Commuter Rail Division of the Regional Transportation Authority. David T. Ralston Jr. was on brief. James B. Dougherty was on brief for petitioner Sierra Club.
Theodore L. Hunt, Attorney, Surface Transportation Board, argued the cause for the respondents. Robert B. Nicholson, John P. Fonte and Brian C. Toth, Attorneys, United States Department of Justice, Ellen D. Hanson, General Counsel, Surface Transportation Board, Evelyn G. Kitay, Associate General Counsel, and Anika S. Cooper, Attorney, were on brief. Craig M. Keats, Deputy General Counsel, and Jeffrey D. Komarow, Trial Attorney, Surface Transportation Board, entered appearances., Richard A. Allen, Terence M. Hynes and Noah A. Clements were on brief for intervenors Canadian Pacific Railway Company et al. in support of the respondents.