Legal Opinion
Manufacturers Railway Co. v. Surface Transportation Board
Court of Appeals for the D.C. Circuit
Decided April 13, 2012No. 11-1269PublishedCited by 14 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge KAVANAUGH.
KAVANAUGH, Circuit Judge:
To abandon or discontinue service over a railroad line, a railroad must first obtain authorization from the Surface Transportation Board. As a condition of Board authorization, the railroad must pay dismissed employees sometimes-hefty dismissal allowances. But the Board has long maintained an exception under which it does not require a railroad to pay dismissal allowances when the railroad abandons or discontinues service over its entire system. We will call this the Board’s “entire-system exception.”
Here,…
2Cases cited5 opinions
- Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
- Village of Barrington v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2011
- National Ass'n of Reversionary Property Owners v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 1998
- Railway Labor Executives' Association v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Second Circuit · 1984
- New York Cross Harbor Railroad v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2004
3Cited by14 opinions
- New York v. U.S. Dep't of CommerceDistrict Court, S.D. Illinois · 2019
- In Re RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATIONDistrict Court, District of Columbia · 2012
- United States Postal Service v. Postal Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2015
- Environmental Integrity Project v. McCarthyDistrict Court, District of Columbia · 2015
- Mountain States Health Alliance v. SebeliusDistrict Court, District of Columbia · 2015
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