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DELAWARE v. SURFACE TRANSP BD.

No. 16-1121.

859 F.3d 16 (2017)

State of DELAWARE, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 2017.

Attorney(s) appearing for the Case

W. Eric Pilsk argued the cause for petitioner. With him on the briefs were Allison I. Fultz and Steven L. Osit , Washington, DC. Charles A. Spitulnik , Washington, DC, entered an appearance.

Charles H.P. Vance , Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Robert B. Nicholson and Sean Sandoloski , Attorneys, U.S. Department of Justice, Craig M. Keats , General Counsel, Surface Transportation Board, and Theodore L. Hunt , Associate General Counsel.

Kathryn D. Kirmayer was on the brief for amicus curiae The Association of American Railroads in support of respondents.

Before: Rogers and Srinivasan, Circuit Judges, and Edwards, Senior Circuit Judge.

The State of Delaware has attempted to limit nighttime noise caused by idling railroad locomotives in residential areas. Under Delaware Senate Bill 135 ("SB 135") "[n]o person may permit the nonessential idling of a locomotive under its control or on its property between 8 p.m. and...

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