PADGETT v. SURFACE TRANSPORTATION BD.

No. 14-2067.

804 F.3d 103 (2015)

Brook A. PADGETT; Craig Dauphinais; Jennifer Thomas; Brouce W. Spinney, As They Are Members of the Board of Selectmen of the Town of Grafton, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States, Respondents, Grafton & Upton Railroad Company, Intervenor.

United States Court of Appeals, First Circuit.

October 16, 2015.


Attorney(s) appearing for the Case

Ginny Sinkel Kremer , Grafton Town Counsel, with whom Blatman, Bobrowski & Mead, LLC, were on brief, for petitioners.

Charles H.P. Vance , Attorney, Surface Transportation Board, with whom William J. Baer , Assistant Attorney General, Robert B. Nicholson and Shana Marie Wallace , Attorneys, Department of Justice, Craig M. Keats , General Counsel, and Evelyn G. Kitay , Deputy General Counsel, were on brief, for respondents.

John A. Mavricos , with whom Jonah M. Temple , Christopher, Hays, Wojcik & Mavricos, LLP, James E. Howard , Linda J. Morgan , and Nossaman, LLP, were on brief, for intervenor.

David F. Hassett and Hassett & Donnelly, P.C., on brief for Congressman James P. McGovern , amicus curiae in support of petitioners.

Jonathan S. Springer and Springer Law Office, PLLC, on brief for Propane Gas Association of New England, amicus curiae in support of respondents and intervenor.

Before TORRUELLA, SELYA, and DYK, Circuit Judges.


The Town of Grafton (the "Town" or "Grafton") petitions for judicial review a declaratory order of the Surface Transportation Board ("Board") finding that 49 U.S.C. § 10501(b) preempts state and local regulations with respect to Grafton & Upton Railroad Company's ("G & U") liquid petroleum gas transloading facility...

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