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CALIFORNIA STATE LEGIS. BD. v. DEPT. OF TRANSP.

No. 03-72211.

400 F.3d 760 (2005)

CALIFORNIA STATE LEGISLATIVE BOARD, UNITED TRANSPORTATION UNION, Petitioner, v. DEPARTMENT OF TRANSPORTATION; Norman Y. Mineta, Secretary of Transportation; Allan Rutter, Administrator, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2005.

Attorney(s) appearing for the Case

Lawrence M. Mann, Washington, D.C., argued the cause for the petitioner.

Peter J. Plocki, Office of General Counsel, U.S. Department of Transportation, Washington, D.C., argued the cause for the respondents; Kirk Van Tine, Paul M. Geier, and Dale C. Andrews, Office of General Counsel, U.S. Department of Transportation, and S. Mark Lindsey, Daniel C. Smith, Billie A. Stultz, and Colleen A. Brennan, Office of Chief Counsel, Federal Railroad Administration, Washington, D.C., were on the brief for the respondents.

Louis P. Warchot and Michael J. Rush were on the brief for amicus curiae the Association of American Railroads.

Before O'SCANNLAIN, COWEN, and BEA, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether the Federal Railroad Administration may exclude hotels and motels from regulation under the Hours of Service law for railroad operating employees.

I

The Union Pacific Railroad Company rents rooms in Portola, California, for some of its operating employees at the Sierra Motel, which provides lodgings to the public.

In August of 2002, an official of the United Transportation...

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