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MARYLAND TRANSIT ADMIN. v. SURFACE TRANSP. BD.

No. 11-1412.

700 F.3d 139 (2012)

MARYLAND TRANSIT ADMINISTRATION, Petitioner, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: November 21, 2012.

Attorney(s) appearing for the Case

ARGUED: W. Eric Pilsk , Kaplan Kirsch & Rockwell, LLP, Washington, D.C., for Petitioner. Erik G. Light , Surface Transportation Board, Washington, D.C., for Respondents. ON BRIEF: Charles A. Spitulnik , Allison I. Fultz , Kaplan Kirsch & Rockwell, LLP, Washington, D.C., for Petitioner. Ignacia S. Moreno , Assistant Attorney General, John E. Arbab , United States Department of Justice, Washington, D.C.; Raymond A. Atkins , General Counsel, Evelyn G. Kitay , Associate General Counsel, Surface Transportation Board, Washington, D.C., for Respondents.

Petition for review denied by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DIAZ and Judge COGBURN joined.

OPINION

NIEMEYER, Circuit Judge:

The Maryland Transit Administration ("MTA"), as the owner of the railroad right-of-way running between Clayton, Delaware, and Easton, Maryland, applied to the Surface Transportation Board ("STB" or "Board") (formerly, the Interstate Commerce Commission) to abandon freight transportation use of the right-of-way and to convert it to a recreational trail, as authorized by the National...

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