Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2014 Term
Oral Argument Date
December 08, 2014
Lower Court Opinion
Questions Presented
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.
Case Updates
Supreme Court decides FRA Performance Standards case
March 09, 2015
The Supreme Court unanimously reversed the D.C. Circuit’s judgment that Congress, in the Amtrak Reform Act of 2008, had unconstitutionally delegated governmental authority to Amtrak on the ground that Amtrak is a private corporation.
U.S. Chamber files amicus brief
September 29, 2014
In its brief, the U.S. Chamber argued that the Supreme Court should affirm the decision of the D.C. Circuit that invalidates Section 207 of the Passenger Rail Investment and Improvement Act of 2008 as an unconstitutional delegation of authority. The Chamber reasoned that the Constitution establishes important restraints on the power of Congress to delegate rulemaking power to private parties and that eliminating the Government’s exclusive ability to impose final rules or to disapprove or modify privately developed rules transgresses these important limits. The brief contends also that Section 207’s delegation of authority to Amtrak threatens the efficiency of freight-rail service, and therefore could impose significant costs to companies and consumers that rely on freight rail.
C. Frederick Beckner III, Jonathan F. Cohn, and Joshua J. Fougere of Sidley Austin LLP represented the U.S. Chamber as co-counsel to the U.S. Chamber Litigation Center.
Case Documents
- Cert. Petition -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Brief Amicus Curiae of Professor Alexander Volokh -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Brief in opposition -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Reply of Petitioner-- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Brief of Petitioner -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Brief Environmental Law and Policy Center -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Brief for Respondent -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Resolute Forest Products Amicus Brief -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Cato Institute, et al. Amici Brief -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- American Council of Trustees and Alumni, et al. Amici Brief -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- U.S. Chamber Amicus Brief -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Reply Brief -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf
- Opinion -- Department of Transportation v. Association of American Railroads (U.S. Supreme Court).pdf