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ASSOCIATION OF AMERICAN RAILROADS v. U.S. DEPT.

No. 12-5204.

721 F.3d 666 (2013)

ASSOCIATION OF AMERICAN RAILROADS, Appellant v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 2013.

Attorney(s) appearing for the Case

Thomas H. Dupree, Jr. argued the cause for appellant. With him on the briefs was Louis P. Warchot .

Michael S. Raab , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, Mark B. Stern and Daniel Tenny , Attorneys, Paul M. Geier , Assistant General Counsel for Litigation, U.S. Department of Transportation, Peter J. Plocki , Deputy Assistant General Counsel for Litigation, and Joy Park , Attorney.

Before: :BROWN, Circuit Judge, and WILLIAMS and SENTELLE, Senior Circuit Judges.

BROWN, Circuit Judge:

Imagine a scenario in which Congress has given to General Motors the power to coauthor, alongside the Department of Transportation, regulations that will govern all automobile manufacturers. And, if the two should happen to disagree on what form those regulations will take, then neither will have the ultimate say. Instead, an unspecified arbitrator will make the call. Constitutional? The Department of Transportation seems to think so.

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