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BOSTON AND MAINE CORP. v. SURFACE TRANSP. BD.

No. 03-1086.

364 F.3d 318 (2004)

BOSTON AND MAINE CORPORATION et al., Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. National Railroad Passenger Corporation and Northern New England Passenger Rail Authority, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 20, 2004.

Attorney(s) appearing for the Case

Eric L. Hirschhorn argued the cause for the petitioners. Robert B. Culliford was on brief.

Jamie P. Rennert, Attorney, Surface Transportation Board, argued the cause for the respondent. Robert H. Pate III, Assistant Attorney General, United States Department of Justice, Ellen D. Hanson, Deputy General Counsel, Craig M. Keats, Associate General Counsel, Surface Transportation Board, and Robert B. Nicholson and John P. Fonte, Attorneys, United States Department of Justice, were on brief.

Christopher T. Handman argued the cause for the intervenors. Nathaniel M. Rosenblatt, George W. Mayo, Jr. and Eric Von Salzen were on brief.

Before: GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioners, subsidiaries of Guilford Transportation Industries, Inc., seek review of the decision by the Surface Transportation Board (STB or Board) to authorize the National Railroad Passenger Corporation (Amtrak) to operate trains at speeds of up to 79 mph over a 78-mile rail line owned by Guilford. Guilford claims the STB orders usurp the jurisdiction of...

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