Legal Opinion
Holrail, LLC v. Surface Transportation Board
Court of Appeals for the D.C. Circuit
Decided February 22, 2008No. 15-1219PublishedCited by 3 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge TATEL.
TATEL, Circuit Judge:
Under 49 U.S.C. § 10901(d), an existing railroad may not, except in certain limited circumstances, block construction of a new rail line by “refusing to permit the [new] carrier to cross its property.” In this case, the Surface Transportation Board held that the word “cross” does not include one carrier’s construction of a new line on another’s right-of-way. We agree.
I
In 1894, Andrew Carnegie, unhappy with the rates the Pennsylvania Railroad was charging to ship coke to his steel mills in Pittsburgh, joined New York…
2Cases cited6 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- Brown v. GardnerSupreme Court of the United States · 1994
- California Independent System Operator Corp. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2004
- Western Coal Traffic League,petitioners v. Surface Transportation Board and United States of America, Norfolk Southern Corporation, IntervenorsCourt of Appeals for the D.C. Circuit · 2000
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3Cited by3 opinions
- Village of Barrington v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2011
- Alaska Survival v. Surface Transportation BoardCourt of Appeals for the Ninth Circuit · 2013
- Xenophon Strategies, Inc. v. Jernigan Copeland & Anderson, PllcDistrict Court, District of Columbia · 2017