Supreme Court of the United States · Official docket →
Monroe County Commission v. A.A. Nettles, Sr. Properties Limited, et al.
Paid petition · Supreme Court of Alabama, No. 1170738 · judgment April 26, 2019
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Federal law expressly grants to the Surface Transportation Board (STB) exclusive jurisdiction over the abandonment of rail lines, 49 U.S.C. § 10501, meaning that no rail line can be considered abandoned without the STB’s authorization. The National Trails System Act (Trails Act), Pub. L. No. 90-543, 82 Stat. 919 (codified as amended at 16 U.S.C. § 1241 et seq.), authorizes the conversion of unused rail lines to use as recreational trails, subject to later restoration to active rail use, as an alternative to abandonment of the lines. 16 U.S.C. § 1247(d). The Trails Act provides that, when the conversion of a rail line to interim use as a trail “is subject to restoration or reconstruction for railroad purposes, such interim use shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of such rights-of-way for railroad purposes.” Ibid. The question presented is: Whether federal law giving the STB exclusive jurisdiction over abandonment of rail lines and expressly stating that conversion of a railroad right-of-way to an interim trail use shall not be treated “for purposes of any law” as abandonment, preempts state law that would deem a railroad right-of-way abandoned because of disuse or conversion to interim trail use.
Counsel of record
For petitioner
Sarah Elaine Harrington
Covington & Burling LLP
For respondent
John Douglas Lloyd
The Law Office of J.D. Lloyd
Proceedings
- Jan 13 2020Petition DENIED.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 20 2019Reply of petitioner Monroe County Commission filed.
- Dec 16 2019Brief of respondents A.A. Nettles, Sr. Properties Limited and Eula Lambert Boyles in opposition filed.
- Dec 16 2019Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
- Nov 18 2019Motion to extend the time to file a response is granted in part; the time is extended to and including December 16, 2019.
- Nov 15 2019Motion to extend the time to file a response from December 12, 2019 to January 13, 2020, submitted to The Clerk.
- Nov 15 2019Response to motion from petitioner Monroe County Commission filed.
- Nov 12 2019Brief amici curiae of Rails-to-Trails Conservancy, et al. filed.
- Nov 12 2019Brief amicus curiae of Association of American Railroads filed.
- Oct 18 2019Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
- Oct 14 2019Motion to extend the time to file a response from November 12, 2019 to December 12, 2019, submitted to The Clerk.
- Oct 11 2019Response Requested. (Due November 12, 2019)
- Oct 09 2019DISTRIBUTED for Conference of 11/1/2019.
- Oct 01 2019Waiver of right of respondents A.A. Nettles, Sr. Properties Limited, et al. to respond filed.
- Sep 23 2019Petition for a writ of certiorari filed. (Response due October 23, 2019)
- Jul 17 2019Application (19A53) granted by Justice Thomas extending the time to file until September 23, 2019.
- Jul 12 2019Application (19A53) to extend the time to file a petition for a writ of certiorari from July 25, 2019 to September 23, 2019, submitted to Justice Thomas.