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VILLAGE OF BARRINGTON, ILL. v. SURFACE TRANSP. BD.

Nos. 09-1002, 09-1028, 09-1048, 09-1049, 09-1073.

636 F.3d 650 (2011)

VILLAGE OF BARRINGTON, ILLINOIS, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Canadian National Railway Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 2011.

Attorney(s) appearing for the Case

Kevin M. Sheys argued the cause for Community Petitioners. With him on the briefs were Barry M. Hartman , Edward R. Gower , Joel D. Bertocchi , and Richard H. Streeter .

Paul A. Cunningham argued the cause for petitioners Canadian National Railway Company and Grand Trunk Corporation. With him on the briefs were David A. Hirsh and Theodore K. Kalick .

Evelyn G. Kitay , Associate General Counsel, Surface Transportation Board, argued the cause for respondents. With her on the brief were Mary Gabrielle Sprague , Robert B. Nicholson , and John P. Fonte , Attorneys, U.S. Department of Justice, Craig M. Keats , Acting General Counsel, Surface Transportation Board, and Jeffrey D. Komarow , Theodore L. Hunt , and J. Frederick Miller, Jr. , Attorneys, Surface Transportation Board. John C. Cruden , Assistant Attorney General, U.S. Department of Justice, entered an appearance.

Kevin M. Sheys , Barry M. Hartman , and Richard H. Streeter were on the joint brief of Community intervenors.

Paul A. Cunningham , David A. Hirsh and Theodore K. Kalick were on the brief for intervenors Canadian National Railway Company and Grand Trunk Corporation in support of respondents.

Opinion for the court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

This case presents a difficult question of statutory interpretation: in enacting the Staggers Rail Act of 1980, did Congress deprive the Surface Transportation Board of its authority to impose environmental conditions when approving so-called minor mergers? For the reasons set forth in this opinion, we conclude that it did not and that the Board therefore retains its environmental conditioning authority. We also conclude that in approving the...

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