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TOWN OF SPRINGFIELD, NJ v. SURFACE TRANSP.

No. 04-1280.

412 F.3d 187 (2005)

TOWN OF SPRINGFIELD, NEW JERSEY, et al., Petitioners v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents Union County, New Jersey and Morristown and Erie Railway, Inc., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 2005.

Attorney(s) appearing for the Case

Scott N. Stone argued the cause and filed the briefs for petitioners.

Cecelia H. Cannizzaro, Attorney, Surface Transportation Board, argued the cause for respondents. With her on the brief were Greer S. Goldman and Mark R. Haag, Attorneys, U.S. Department of Justice, Ellen D. Hanson, General Counsel, and Craig M. Keats, Deputy General Counsel.

John D. Heffner and John K. Fiorilla were on the brief for intervenor Union County, New Jersey and Morristown and Erie Railway, Inc. in support of respondents.

Before: RANDOLPH, GARLAND, and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

In July 2002, the Surface Transportation Board awarded the Morristown and Erie Railway a modified certificate of public convenience and necessity to operate two previously abandoned railway lines in New Jersey. 67 Fed. Reg. 44,928 (July 5, 2002). Those lines, which are located in Union County, pass through five municipalities: the Township of Springfield, the City of Summit, and...

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