DEPARTMENT OF TRANSP. v. ASS'N OF AMERICAN R.R.

No. 13-1080.

135 S.Ct. 1225 (2015)

DEPARTMENT OF TRANSPORTATION, et al., Petitioners v. ASSOCIATION OF AMERICAN RAILROADS.

Supreme Court of United States.

Decided March 9, 2015.


Attorney(s) appearing for the Case

Curtis E. Gannon , for Petitioners.

Thomas H. Dupree, Jr. , Washington, DC, for Respondent.

Donald B. Verrilli, Jr. , Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for Petitioners.

Louis P. Warchot , Daniel Saphire , Association of American Railroads, Washington, DC, Thomas H. Dupree, Jr. , Counsel of Record, Amir C. Tayrani , Lucas C. Townsend , Gibson, Dunn & Crutcher LLP, Washington, DC, for Respondent.

Kathryn B. Thomson , General Counsel, Paul M. Geier , Assistant General Counsel for Litigation, Peter J. Plocki , Deputy Assistant General Counsel for Litigation, Joy K. Park , Trial Attorney, Department of Transportation, Washington, DC, Melissa Porter , Chief Counsel, Zeb G. Schorr , Deputy Assistant Chief Counsel, Federal Railroad Administration, Washington, DC, Donald B. Verrilli, Jr. , Solicitor General, Counsel of Record, Stuart F. Delery , Assistant Attorney General, Edwin S. Kneedler , Deputy Solicitor General, Curtis E. Gannon , Assistant to the Solicitor General, Mark B. Stern , Michael S. Raab , Daniel Tenny , Patrick G. Nemeroff , Attorneys, Department of Justice, Washington, DC, for Petitioners.

KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C.J., and SCALIA, GINSBURG, BREYER, ALITO, SOTOMAYOR, and KAGAN, JJ., joined. ALITO, J., filed a concurring opinion. THOMAS, J., filed an opinion concurring in the judgment.


In 1970, Congress created the National Railroad Passenger Corporation, most often known as Amtrak. Later, Congress granted Amtrak and the Federal Railroad Administration (FRA) joint authority to issue "metrics and standards" that address the performance and scheduling of passenger railroad services...

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