# Rail-Term Corp. v. Surface Transportation Board

> Court of Appeals for the D.C. Circuit · July 8, 2015 · 654 F. App'x 1

URL: https://www.frixlaw.com/law-library/cases/8680221

## Case

- **Full name:** RAIL-TERM CORP. v. SURFACE TRANSPORTATION BOARD AND UNITED STATES OF AMERICA, American Train Dispatchers Association, Intervenor
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** July 8, 2015
- **Citations:** 654 F. App'x 1
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Garland, Ginsburg, Kavanaugh
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8680221

## Opinion text

ORDER
Per Curiam
Upon consideration of the motion to dismiss, the opposition thereto, and the reply, it is
ORDERED the motion to dismiss be granted. Petitioner has not shown that the Surface Transportation Board reopened proceedings and issued a new and final order. See Am. Ass’n of Paging Carriers v. FCC, 442 F.3d 751, 756 (D.C. Cir. 2006) (“Reopening ... does not necessarily occur by dint of an agency’s consideration of the merits.”). Moreover, an agency’s denial of reconsideration is unreviewable where, as here, the petition for reconsideration was based on material error. See ICC v. Brotherhood of Locomotive Engineers, 482 U.S. 270, 278 , 107 S.Ct. 2360 , 96 L.Ed.2d 222 (1987). Finally, an intent to challenge the underlying Rail Carrier Decision cannot be fairly inferred from the petition for review and contemporaneous filings. See Entravision Holdings LLC v. FCC, 202 F.3d 311, 313 (D.C. Cir. 2000).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8680221. Public record. Not legal advice.