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Kessler v. Surface Transportation Board

Citations: 637 F.3d 369; 394 U.S. App. D.C. 435; 2011 WL 870059Docket: 09-1188

Court: Court of Appeals for the D.C. Circuit; March 15, 2011; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a petition for review by two individuals challenging a Surface Transportation Board (STB) order, which denied injunctive relief regarding the auction of a locomotive. The petitioners, having experienced delivery complications with a locomotive leased from another party and transported by BNSF Railway, sought to prevent the sale through the STB. The STB denied the injunction, citing the replaceable nature of the locomotive and the non-commercial nature of the shipment. Upon auctioning the locomotive, subsequent motions for relief and damages were also denied by the STB. The petitioners argued procedural flaws and sought a review of the STB's decision, but the court dismissed the petition due to mootness, lack of jurisdiction over certain claims, and failure to exhaust administrative remedies. The court emphasized that claims related to common carrier duties should be pursued through complaint proceedings, and the auction sale rendered injunctive relief requests moot. The petitioners were advised that while they could pursue damages claims, an advisory review of the STB decision was impermissible, leading to the dismissal of the petition.

Legal Issues Addressed

Common Carrier Duty and Damages

Application: Monetary claims related to common carrier duties can be pursued via complaint proceedings, not through injunctions.

Reasoning: Kessler’s concerns are unfounded, as he cannot compel BNSF to retrieve the locomotive, which has already been auctioned, leaving damages as the only available relief.

Exhaustion of Administrative Remedies

Application: The petitioners failed to exhaust administrative remedies required for certain claims, which precluded judicial review.

Reasoning: Kessler's request for the Board to investigate BNSF's conduct was dismissed for failure to exhaust administrative remedies, as such investigations can only be initiated through a formal complaint.

Jurisdiction over Surface Transportation Board Orders

Application: The court determined that it lacked jurisdiction over most of the claims presented by the petitioners.

Reasoning: The court dismissed the petition, citing a lack of jurisdiction over most claims and the petitioners' failure to exhaust administrative remedies for the remaining claim.

Mootness Doctrine in Injunctive Relief

Application: The court found the request for injunctive relief moot because the locomotive sale had already occurred.

Reasoning: The court agreed with the Board, stating that Kessler's request for an injunction was moot, as the sale had already occurred, and jurisdiction over claims related to the locomotive and damages was lacking because the current owner was not a party to the case.

Reviewability of Administrative Decisions

Application: The Board's decisions regarding specific regulatory violations are generally not subject to judicial review.

Reasoning: Under 49 U.S.C. § 11702, the Board can initiate civil actions against rail carriers violating specific regulations, but Kessler has not pursued such action, and the Board's decisions in this context are generally not subject to judicial review per 5 U.S.C. § 701(a)(2).