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COMMUTER RAIL DIV., REG'L TRAN. v. SURFACE TRANSP.

Nos. 08-1346, 08-1377.

608 F.3d 24 (2010)

COMMUTER RAIL DIVISION OF the REGIONAL TRANSPORTATION AUTHORITY, Metra, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Canadian Pacific Railway Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2010.

Attorney(s) appearing for the Case

Robert P. vom Eigen argued the cause for petitioner Commuter Rail Division of the Regional Transportation Authority. David T. Ralston Jr. was on brief. James B. Dougherty was on brief for petitioner Sierra Club.

Theodore L. Hunt, Attorney, Surface Transportation Board, argued the cause for the respondents. Robert B. Nicholson, John P. Fonte and Brian C. Toth, Attorneys, United States Department of Justice, Ellen D. Hanson, General Counsel, Surface Transportation Board, Evelyn G. Kitay, Associate General Counsel, and Anika S. Cooper, Attorney, were on brief. Craig M. Keats, Deputy General Counsel, and Jeffrey D. Komarow, Trial Attorney, Surface Transportation Board, entered appearances.

Richard A. Allen, Terence M. Hynes and Noah A. Clements were on brief for intervenors Canadian Pacific Railway Company et al. in support of the respondents.

Before: GINSBURG, HENDERSON and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

Canadian Pacific Railway Corporation (CPR), along with its indirect subsidiary Soo Line Holding Company (Soo Holding), and Dakota, Minnesota & Eastern Railroad Corporation (DME), along with its subsidiary Iowa, Chicago & Eastern Railroad Corporation (ICE), (collectively Applicants) applied to the Surface Transportation Board (STB or Board) for approval of...

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