Board of Commissioners v. Surface Transportation Board

D.C. Circuit

Board of Commissioners v. Surface Transportation Board

321 F. App'x 6

Court of Appeals for the D.C. Circuit·Decided March 31, 2009·No. No. 08-1217·Published

Opinion

JUDGMENT

PER CURIAM.

This petition for review of an order of the Surface Transportation Board was considered on the briefs and the appendix filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the petition for review be dismissed for lack of standing. Petitioner challenges the Board’s assumption that James Riffin is a rail carrier, but petitioner’s asserted injuries, which focus largely on anticipated future litigation, are insufficient to confer standing. See, e.g., Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-62, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC, 962 F.2d 27, 35 (D.C.Cir.1992).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.

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JUDGMENT

PER CURIAM.

This petition for review of an order of the Surface Transportation Board was considered on the briefs and the appendix filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the petition for review be dismissed for lack of standing. Petitioner challenges the Board’s assumption that James Riffin is a rail carrier, but petitioner’s asserted injuries, which focus largely on anticipated future litigation, are insufficient to confer standing. See, e.g., Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-62, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC, 962 F.2d 27, 35 (D.C.Cir.1992).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.

Board of Commissioners v. Surface Transportation Board, 321 F. App'x 6 (D.C. Cir. 2009).

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