Legal Opinion

Del Grosso v. Surface Transportation Board

Court of Appeals for the First Circuit

Decided February 5, 2016No. 15-1069OUnknownCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER ON PETITIONS FOR PANEL REHEARING

DYK, Circuit Judge.

An October 16, 2015, decision of this panel vacated a declaratory order by the Surface Transportation Board (“Board”) and remanded for further proceedings. Del Grosso v. Surface Transp. Bd., 804 F.3d 110 (1st Cir.2015). That declaratory ruling had determined that state and local law was preempted with respect to a transloading facility in Upton, Massachusetts.

The Board and the United States (“respondents”) petitioned for panel rehearing on November 30, 2015. Respondents’ petition was denied on December 14, 2015. A…

2Cases cited11 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Wyeth v. LevineSupreme Court of the United States · 2009
  4. City of Arlington v. Fed. Commc'ns Comm'nSupreme Court of the United States · 2013
  5. Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996

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3Cited by1 opinion

  1. Beres v. United StatesUnited States Court of Federal Claims · 2019

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