Brotherhood of Maintenance of Way Employes Division v. Burlington Northern Santa Fe Railway Co.

TYMKOVICH, Circuit Judge.

This case arises from Burlington Northern Santa Fe Railway Company’s (BNSF) proposed sale of approximately 290 miles of BNSF’s rail line to the New Mexico Department of Transportation. New Mexico sought to obtain the rail line as part of a plan to provide commuter rail service between Albuquerque, Santa Fe, and other points within the state. Under the terms of sale, New Mexico would obtain ownership of BNSF’s rail lines, but reserve to BNSF a concurrent freight easement on the lines. New Mexico would also take over maintenance responsibilities of the right-of-way, an…