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BROTHERHOOD OF. ENG., TRAINMEN v. SURFACE TRANSP.

No. 05-1233.

457 F.3d 24 (2006)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, A DIVISION OF THE RAIL CONFERENCE-INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Kansas City Southern Railway Company and Kaw River Railroad, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 2006.

Attorney(s) appearing for the Case

Gordon P. MacDougall argued the cause and filed the briefs for petitioner.

Marilyn R. Levitt, Attorney, Surface Transportation Board, argued the cause for respondent. With her on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, John J. Powers, III and Robert J. Wiggers, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Craig M. Keats, Deputy General Counsel.

Before: GINSBURG, Chief Judge, and BROWN and GRIFFITH, Circuit Judges.

GINSBURG, Chief Judge.

The Kaw River Railroad, Inc. (KRR) secured the authorization of the Surface Transportation Board to acquire by lease, sublease, and assignment some 18.2 miles of track controlled by the Kansas City Southern Railway Company (KCS). The Brotherhood of Locomotive Engineers and Trainmen, which represents employees of the KCS, argues the Board did not have jurisdiction to approve the transfer because the track is "switching" track and therefore excepted...

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