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SNOHOMISH CTY., WASHINGTON v. SURFACE TRANSP. BD.

No. 19-1030 Consolidated with 19-1136.

954 F.3d 290 (2020)

SNOHOMISH COUNTY, WASHINGTON, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents City of Woodinville, Washington and King County, Washington, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 2020.

Attorney(s) appearing for the Case

Charles H. Montange , Seattle, WA, argued the cause and filed the briefs for petitioner.

Barbara A. Miller , Attorney, Surface Transportation Board, argued the cause for respondents. With her on the brief were Michael F. Murray , Deputy Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Adam D. Chandler , Attorneys, Craig M. Keats , General Counsel, Surface Transportation Board, and Theodore L. Hunt , Associate General Counsel.

W. Eric Pilsk , Charles A. Spitulnik , and Allison I. Fultz were on the briefs for intervenor for respondent King County, Washington.

Concurring opinion filed by Circuit Judge Millett.

The Surface Transportation Board (the Board) often allows parties to acquire or operate railroad lines by submitting a streamlined "notice of exemption" in lieu of satisfying the Board's full certification requirements. Any exemption granted is "void ab initio" if the submitted...

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