1. Home
  2. Browse Decisions
  3. F.3d
  4. 635 F.3d
  5. 635 F.3d 66 (2011)
 

NEW YORK & ATLANTIC RY. CO. v. SURFACE TRANSP. BD.

Docket No. 10-1490-ag.

635 F.3d 66 (2011)

NEW YORK & ATLANTIC RAILWAY COMPANY, Coastal Distribution, LLC, Petitioners, v. SURFACE TRANSPORTATION BOARD, and United States of America, Respondents, and Pinelawn Cemetery Corporation and Town of Babylon, Intervenors.

United States Court of Appeals, Second Circuit.

Decided: March 15, 2011.

Attorney(s) appearing for the Case

Ronald A. Lane , ( Thomas J. Litwiler , on the brief) Fletcher & Sippel, LLC, Chicago, IL, for Petitioner New York & Atlantic Railway Company.

John F. McHugh , New York, NY, for Petitioner Coastal Distribution, LLC.

Virginia Strasser , Surface Transportation Board, Washington D.C. ( Ellen D. Hanson , General Counsel, Evelyn G. Kitay , Associate General Counsel, on the brief; Philip J. Weiser , Deputy Assistant Attorney General, Robert B. Nicholson , John P. Fonte , Attorneys, Department of Justice, Washington, D.C., on the brief) for Respondents Surface Transportation Board and the United States of America.

Howard M. Miller , Bond, Schoeneck & King PLLC, Garden City, NY, for Intervenor Town of Babylon.

Fran M. Jacobs , Duane Morris LLP, New York, NY, for Intervenor Pinelawn Cemetery.

Before: POOLER and HALL, Circuit Judges, and KRAVITZ, District Judge.

POOLER, Circuit Judge:

This case delineates the power of the Surface Transportation Board ("STB") to decide what the extent to which the construction and operation of transloading2 facilities fall within the STB's exclusive jurisdiction, freeing the operations from local regulation by way of federal preemption. Petitioners New York & Atlantic Railway Company ("NYAR") and Coastal Distribution, LLC ("Coastal") appeal from the February...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases