ASSOC. OF AMERICAN RAILROADS v. DEPT. OF TRANSP.

No. 12-5204.

821 F.3d 19 (2016)

ASSOCIATION OF AMERICAN RAILROADS, Appellant v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 2016.


Attorney(s) appearing for the Case

Thomas H. Dupree Jr. argued the cause for appellant. With him on the briefs were Amir C. Tayrani , Lucas C. Townsend , and Louis P. Warchot .

David B. Rivin, Jr. , Andrew M. Grossman , Shannen W. Coffin , and Michael J. Edney were on the brief for amici curiae Chamber of Commerce of the United States, et al. in support of appellant.

Richard B. Katskee and Craig W. Canetti were on the brief for amicus curiae Association of Independent Passenger Rail Operators in support of appellant. Dan Himmelfarb entered an appearance.

Christopher J. Paolella was on the brief for amicus curiae Professor Alexander Volokh in support of plaintiff-appellant.

Michael S. Raab , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Vincent H. Cohen, Jr. , Acting U.S. Attorney, and Mark B. Stern , Daniel Tenny , Patrick G. Nemeroff , Attorneys, Paul M. Geier , Assistant General Counsel for Litigation, U.S. Department of Transportation, Peter J. Plocki , Deputy Assistant General Counsel for Litigation, and Joy Park , Attorney.

Opinion of the Court by Circuit Judge BROWN.


With the Rail Passenger Service Act of 1970, Congress created Amtrak, a for-profit corporation indirectly controlled by the President of the United States. This public venture into private enterprise was, and remains, unprecedented. With the Passenger Rail Investment and Improvement Act of 2008 (PRIIA), Congress piled anomaly...

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