New York & Atlantic Railway Co. v. Surface Transportation Board

POOLER, Circuit Judge:

This case delineates the power of the Surface Transportation Board (“STB”) to decide what the extent to which the construction and operation of transloading 1 2 facilities fall within the STB’s exclusive jurisdiction, freeing the operations from local regulation by way of federal preemption. Petitioners New York & Atlantic Railway Company (“NYAR”) and Coastal Distribution, LLC (“Coastal”) appeal from the February 1, 2008, September 26, 2008, and October 16, 2009 orders of the STB finding that a transload facility operated by Coastal in NYAR’s Farmingdale Yard in the town…