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ASSOCIATION OF AMERICAN RAILROADS v. U.S. DOT

No. 17-5123.

896 F.3d 539 (2018)

ASSOCIATION OF AMERICAN RAILROADS, Appellee v. UNITED STATES DEPARTMENT OF TRANSPORTATION, ET AL., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2018.

Attorney(s) appearing for the Case

Patrick G. Nemeroff , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Chad A. Readler , Acting Assistant Attorney General, Jessie K. Liu , U.S. Attorney, Mark B. Stern , Michael S. Raab , and Daniel Tenny , Attorneys, Steven G. Bradbury , General Counsel, U.S. Department of Transportation, James Owens , then-Acting General Counsel, Paul M. Geier , Assistant General Counsel, Christopher S. Perry , Acting Deputy Assistant General Counsel for Litigation and Enforcement, Joy K. Park , Senior Trial Attorney, Juan D. Reyes III , Chief Counsel, Federal Railroad Administration, and Zeb G. Schorr , Assistant Chief Counsel.

Thomas H. Dupree Jr. , Washington, argued the cause for appellee. With him on the brief were David A. Schnitzer , Kathryn Kirmayer , and Daniel Saphire , Washington.

Dissenting opinion filed by Circuit Judge Tatel.

A dispute between passenger and freight trains over priority access to railroad tracks has turned into a legal donnybrook over the bounds of congressional power. This court previously held that Congress went off the constitutional rails by empowering Amtrak to establish metrics and standards affecting track usage over the...

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