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Riffin v. Surface Transportation Board and United States of America

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Argued September 18, 2009

Before: GINSBURG, HENDERSON and GARLAND, Circuit Judges.

The Surface Transportation Board denied James Riffin’s petition for an order declaring that 49 U.S.C. § 10501(b), a provision of the Interstate Commerce Act as modified by the ICC Termination Act of 1995, preempts all state and local regulations insofar as they affect rail lines and that the Board has exclusive jurisdiction over Riffin’s activities at one of his properties. Because the STB failed adequately to explain its decision, as required by the Administrative Procedure Act, we grant Riffin’s petition for review and remand this matter to the agency for further proceedings.

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