In a petition for review of the denial of petitioner's application to the Surface Transportation Board for an order declaring that 49 U.S.C. section 10501(b), a provision of the Interstate Commerce Act preempted all state and local regulations insofar as they affected rail lines and that the Board had exclusive jurisdiction over petitioner's activities at one of his properties, the petition is granted where the Board failed to explain why, in order for it to have jurisdiction, petitioner must transport his maintenance-of-way equipment by rail using tracks he owned or operated rather than transporting the equipment by truck or as a shipper over track he did not own or operate.
Argued September 18, 2009
Decided January 22, 2010
Opinion by Judge Ginsburg
James Riffin, pro se, Washington, DC
Erik G. Light, Robert B. Nicholson and John P. Fonte, Surface Transportation Board, Washington, DC