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ASSOC. OF AMERICAN RAILROADS v. SURFACE TRANSP.

Nos. 97-1624, 97-1650 and 97-1653

161 F.3d 58 (1998)

ASSOCIATION OF AMERICAN RAILROADS, American Short Line Railroad Association, and Regional Railroads of America, Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Transportation Trades Department, AFL-CIO, Intervenor

United States Court of Appeals, District of Columbia Circuit.

Decided November 17, 1998.

Attorney(s) appearing for the Case

Jo A. DeRoche argued the cause for petitioners. With her on the briefs were Alice C. Saylor and Kenneth P. Kolson.

Louis Mackall, V, Attorney, Surface Transportation Board, argued the cause for respondents. With him on the joint brief were Joel I. Klein, Assistant Attorney General, United States Department of Justice, John J. Powers, III, and Robert J. Wiggers, Attorneys; and Henri F. Rush, General Counsel, Surface Transportation Board.

Lawrence I. Willis was on the brief for intervenor Transportation Trades Department, AFL-CIO.

Before: WALD, SENTELLE and TATEL, Circuit Judges.

SENTELLE, Circuit Judge:

The Association of American Railroads ("AAR") petitions for review of a Surface Transportation Board ("STB" or "Board") decision amending its regulations governing exemptions from certification procedures for certain small rail line purchases. Under the new rule, to qualify for the exemption railroads that will have a post-acquisition net worth of more than $5 million must give employees on the acquired rail line 60 days notice of their "general...

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