CSX TRANSP., INC. v. WILLIAMS

No. 05-5131.

406 F.3d 667 (2005)

CSX TRANSPORTATION, INC., Appellant v. Anthony A. WILLIAMS, In his official capacity as Mayor of the District of Columbia, et al., Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 2005.


Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for the appellant. With him on the motion for injunction and summary reversal were Virginia A. Seitz, Irvin B. Nathan, Mary Gabrielle Sprague, Sidney A. Rosenzweig, Kathryn E. Taylor, Peter J. Shudtz and Paul R. Hitchcock.

Douglas N. Letter, Litigation Counsel, United States Department of Justice, argued the cause for amicus curiae United States of America in support of the appellant. With him on the response were Kenneth L. Wainstein, United States Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, Irene M. Solet, Attorney, and Jeffrey A. Rosen, General Counsel, United States Department of Transportation, and Paul Geier, Assistant General Counsel.

G. Paul Moates and Terence M. Hynes were on the response of amicus curiae Norfolk Southern Railway Company in support of the appellant.

Edward E. Schwab, Deputy Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellees Anthony A. Williams et al. With him on the opposition were Robert J. Spagnoletti, Attorney General, and Mary L. Wilson, Assistant Attorney General.

James R. Wrathall argued the cause for appellee Sierra Club. With him on the opposition were Brian Boynton and James B. Dougherty.

Before: HENDERSON, RANDOLPH and ROBERTS, Circuit Judges.


Opinion for the court filed PER CURIAM.

Concurring opinion filed by Circuit Judge HENDERSON.

PER CURIAM.

The District of Columbia City Council (D.C.Council) has passed an ordinance, the Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 (D.C.Act), banning all shipments by rail or truck of certain hazardous materials within 2.2 miles of the United States Capitol. CSX Transportation...

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