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Department of Transportation v. Association of American Railroads

Docket No. Op. Below Argument Opinion Vote Author Term
13-1080 D.C. Cir. Dec 8, 2014
TBD TBD TBD OT 2014

Issue: Whether Section 207 of the Passenger Rail Investment and Improvement Act of 2008, which requires the Federal Railroad Administration (FRA) and Amtrak to “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 federal law, and provides for the STB to appoint an arbitrator if the FRA and Amtrak cannot agree on the metrics and standards within 180 days, effects an unconstitutional delegation of legislative power to a private entity.

DateProceedings and Orders
Dec 27 2013Application (13A678) to extend the time to file a petition for a writ of certiorari from January 9, 2014 to February 7, 2014, submitted to The Chief Justice.
Dec 31 2013Application (13A678) granted by The Chief Justice extending the time to file until February 7, 2014.
Jan 27 2014Application (13A678) to extend further the time from February 7, 2014 to March 10, 2014, submitted to The Chief Justice.
Jan 28 2014Application (13A678) granted by The Chief Justice extending the time to file until March 10, 2014.
Mar 10 2014Petition for a writ of certiorari filed. (Response due April 10, 2014)
Mar 18 2014Order extending time to file response to petition to and including May 12, 2014.
Apr 10 2014Brief amicus curiae of Professor Alexander Volokh filed.
May 12 2014Brief of respondent Association of American Railroads in opposition filed.
May 27 2014DISTRIBUTED for Conference of June 12, 2014.
May 28 2014Reply of petitioner Department of Transportation filed. (Distributed)
Jun 16 2014DISTRIBUTED for Conference of June 19, 2014.
Jun 23 2014Petition GRANTED.
Jul 21 2014The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2014.
Jul 21 2014The time to file respondent's brief on the merits is extended to and including September 22, 2014.
Aug 14 2014Joint appendix filed.
Aug 14 2014Brief of petitioner Department of Transportation filed.
Aug 21 2014Brief amici curiae of Environmental Law and Policy Center, et al. filed.
Sep 4 2014SET FOR ARGUMENT on Monday, December 8, 2014.
Sep 22 2014Brief of respondent Association of American Railroads filed.
Sep 29 2014Brief amicus curiae of Association of Independent Passenger Rail Operators filed.
Sep 29 2014Brief amicus curiae of Resolute Forest Products Inc. filed.
Sep 29 2014Brief amici curiae of Cato Institute, et al. filed.
Sep 29 2014Brief amici curiae of American Council of Trustees and Alumni, et al. filed.
Sep 29 2014Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Sep 29 2014Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Sep 29 2014Brief amicus curiae of Center for the Rule of Law filed.
Sep 29 2014Brief amicus curiae of Professor Alexander Volokh filed.
 
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