Snohomish County v. Surface Transportation Board, No. 19-1030 (D.C. Cir. 2020)Annotate this Case
The county sought to revoke two exemptions the Board granted with respect to a freight rail easement over the county's property, alleging that both notices misrepresented the easement's ownership. The Board denied the petitions because only a court competent in property, contract, and bankruptcy law could determine whether the notices' representations were in fact false.
The DC Circuit dismissed the county's first petition for review as incurably premature and dismissed the second petition with respect to its material-error challenge to the Board's reconsideration order. The court held that it has jurisdiction to review the Board's initial order pursuant to the county's second petition, and that the Board's denial of the petitions to revoke was arbitrary and capricious for failing to address the claim that the notices, whether or not ultimately false, misleadingly omitted material information. Accordingly, the court granted the second petition for review insofar as it challenges the Board's initial order, vacated that order, and remanded the case to the Board for further proceedings.