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Department of Transportation v. Association of American Railroads

Docket No.: 13-1080
Certiorari Granted: Jun 23 2014
Argued: December 8, 2014
Decided: 3/09/15

Topics:

Appointments Clause, Article I, Clean Air Act, Due Process, EPA, Fifth Amendment, First Amendment, Freedom of Information Act, Vesting Clause, antitrust, cost recovery, judicial review, separation of powers

PartyNames: Department of Transportation, et al. v. Association of American Railroads
Petitioner: Department of Transportation, et al.
Respondent: Association of American Railroads

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 721 F.3d 666
Supreme Court Docket

Department of Transportation, et al.
v.
Association of American Railroads
Question Presented:

Section 207(a) of the Passenger Rail Investment and Improvement Act of 2008, Pub. L. No. 110-432, Div. B, 122 Stat. 4916, requires that the Federal Railroad Administration (FRA) and Amtrak "jointly * * * develop" the metrics and standards for Amtrak's performance that will be used in part to determine whether the Surface Transportation Board (STB) will investigate a freight railroad for failing to provide the preference for Amtrak's passenger trains that is required by 49 U.S.C. 24308(c) (Supp. V 2011). In the event that the FRA and Amtrak cannot agree on the metrics and standards within 180 days, Section 207(d) of the Act provides for the STB to "appoint an arbitrator to assist the parties in resolving their disputes through binding arbitration." 122 Stat. 4917. The question presented is whether Section 207 effects an unconstitutional delegation of legislative power to a private entity.

Department of Transportation v. Association of American Railroads
ORAL ARGUMENT

December 8, 2014

Listen to Oral Argument in Department of Transportation v. Association of American Railroads
Holding: VACATED AND REMANDED
Vote: 9-0
Majority: Judgment Vacated, Case Remanded. Kennedy, Chief Justice Roberts, Scalia, Ginsburg, Breyer, Alito, Sotomayor, Kagan
Concurring: Alito,Thomas
Opinion By:
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