Norfolk Southern Railway Co. v. Energy Development Corp.

DISMISSAL ORDER

FABER, Chief Judge.

For the reasons herein detailed, the court concludes that it lacks jurisdiction over the subject matter of this dispute. Accordingly, the court is obliged to order this matter dismissed sua sponte.

7. Introduction

Plaintiff Norfolk Southern Railway Co. (“Norfolk Southern”) commenced this action against Energy Development Corpo ration (“Energy”), William D. Evans (“Evans”), and the other defendants (“mineral rights defendants”) on April 7, 2003. It alleges a federal common law cause of action grounded in the tort of nuisance. Specifically, Norfolk Southern…