Legal Opinion

City of South Bend v. Surface Transportation Board

Court of Appeals for the D.C. Circuit

Decided May 29, 2009No. 08-1150, 08-1301PublishedCited by 14 opinions

1Opinion of the Court

GINSBURG, Circuit Judge:

The City of South Bend and the Brothers of the Holy Cross petition for review of orders of the Surface Transportation Board (1) denying their application for adverse abandonment of two railroad lines in South Bend, Indiana, and (2) refusing to reopen the proceeding. The petitioners argue the Board’s orders were arbitrary and capricious under the Administrative Procedure Act. We deny the petitions for review because in both instances the Board acted reasonably.

I. Background

The Congress has delegated to the Board exclusive jurisdiction to regulate “transportation by rail…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  2. Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
  3. Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
  4. Hayfield Northern Railroad v. Chicago & North Western Transportation Co.Supreme Court of the United States · 1984
  5. Herbert T. Mitchell v. Warren Christopher, Secretary of StateCourt of Appeals for the D.C. Circuit · 1993

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3Cited by14 opinions

  1. Union Pacific Railroad v. Chicago Transit AuthorityCourt of Appeals for the Seventh Circuit · 2011
  2. Helicopter Ass'n International, Inc. v. Federal Aviation AdministrationCourt of Appeals for the D.C. Circuit · 2013
  3. Riffin v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2010
  4. Village of Barrington v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2014
  5. Wichita Terminal Ass'n v. F.Y.G. Investments, Inc.Court of Appeals of Kansas · 2013

9 more not listed; retrieve them via the Exa API.

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