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ASSOCIATION OF AMERICAN RAILROADS v. SURFACE TRANSP. BD.

Nos. 97-1384, 97-1397.

162 F.3d 101 (1998)

ASSOCIATION OF AMERICAN RAILROADS and Wisconsin Central Ltd., Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Transportation Trades Department, AFL-CIO, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1998.

Attorney(s) appearing for the Case

Thomas J. Litwiler argued the cause for petitioners. With him on the joint briefs were Robert H. Wheeler and Kenneth P. Kolson.

Henri F. Rush, General Counsel, Surface Transportation Board, argued the cause for respondents. With him on the joint brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, John J. Powers, III, and Robert J. Wiggers, Attorneys; and Louis Mackall, V, Attorney, Surface Transportation Board.

Mitchell M. Kraus, Lawrence I. Willis and Clinton J. Miller, III were on the joint brief for intervenors Transportation Trades Department, AFL-CIO, and United Transportation Union.

Before: WALD, SENTELLE and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Separate opinion dissenting from Part II filed by Circuit Judge WALD.

Separate opinion concurring in Parts I, II and IV and dissenting from Part III filed by Circuit Judge SENTELLE.

TATEL, Circuit Judge:

Petitioners challenge the Surface Transportation Board's initial implementation of the ICC Termination Act's labor protection provisions for employees affected by short-line rail acquisitions...

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