Maryland Transit v. Surface Transportation Board

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The MTA applied to the Board to abandon freight transportation use of a right-of-way and to convert it to a recreational trail, as authorized by the National Trails System Act, 16 U.S.C. 1247. The Board rejected the MTA's application, concluding that instead of assuming full responsibility for legal liability or indemnifying the MTA for any potential liability, the proposed sponsors conditioned their undertakings by subjecting them to sovereign immunity and to future state legislative appropriations. The Board explained that instead of assuming full responsibility, the proposed sponsors offered the possibility of no responsibility. The MTA subsequently filed a petition for review. The court found that the MTA's arguments were unpersuasive, especially in light of its burden to demonstrate that the Board acted arbitrarily and capriciously. Accordingly, the court affirmed the decision of the Board and denied the petition for review. View "Maryland Transit v. Surface Transportation Board" on Justia Law