Legal Opinion
Oregon Coast Scenic Railroad v. Oregon Department of State Lands
Court of Appeals for the Ninth Circuit
Decided November 23, 2016No. 14-35414PublishedCited by 15 opinions
1Opinion of the Court
OPINION
THOMAS, Chief Judge:
This case presents the question whether the federal Surface Transportation Board (“the Board”) has exclusive jurisdiction over railroad repair work done at the direction of a federally regulated rail carrier but performed by a contractor rather than the carrier itself. We conclude that it does, and we therefore reverse and remand.
I
The Oregon Coast Scenic Railroad (“Oregon Coast”) is a non-profit corporation that operates tourist trains on a portion of track in Oregon that is owned by the Port of Tillamook Bay (“the Port”). The Port is a federally regulated railroad…
2Cases cited16 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Alliance for Wild Rockies v. CottrellCourt of Appeals for the Ninth Circuit · 2011
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- United States v. WilsonSupreme Court of the United States · 1992
- Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State of Indiana v. Norfolk Southern Railway CompanyIndiana Supreme Court · 2018
- U.S. Wholesale Outlet & Distr. v. Innovation Ventures, LLCCourt of Appeals for the Ninth Circuit · 2023
- Alaska Department of Fish and Game v. Federal Subsistence BoardCourt of Appeals for the Ninth Circuit · 2025
- Assoc. of American Railroads v. RandolphDistrict Court, E.D. California · 2024
- BNSF Railway Company v. Clark CountyDistrict Court, W.D. Washington · 2020
10 more not listed; retrieve them via the Exa API.