City of Jersey City, et al. v. Consolidated Rail Corp., et al., No. 10-7135 (D.C. Cir. 2012)Annotate this Case
This case arose when Conrail sold its Harsimus Embankment in Jersey City to developers. The City, together with others interested in the historic and environmental value of the Embankment, sued Conrail alleging that the sale was unlawful because Conrail failed to obtain authority from the Surface Transportation Board (STB) to abandon the property. The district court dismissed the case for lack of standing. The court reversed and remanded, concluding that the City enjoyed Article III standing where Conrail's refusal to invoke STB proceedings injured the City by depriving it of the benefits of those proceedings and the City's injury could be redressed by a district court ruling that the Embankment qualified as "railroad line" that Conrail could not abandon without STB approval.