California State Legislative Bd., United Transp. Union v. Department of Transp.

400 F.3d 760 CALIFORNIA STATE LEGISLATIVE BOARD, UNITED TRANSPORTATION UNION, Petitioner, v. DEPARTMENT OF TRANSPORTATION; Norman Y. Mineta, Secretary of Transportation; Allan Rutter, Administrator, Respondents. No. 03-72211. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 8, 2004. Filed March 9, 2005. Lawrence M. Mann, Washington, D.C., argued the cause for the petitioner. Peter J. Plocki, Office of General Counsel, U.S. Department of Transportation, Washington, D.C., argued the cause for the respondents; Kirk Van Tine, Paul M. Geier, and Dale C. Andrews, Office of General Counsel, U.S. Department of Transportation, and S. Mark Lindsey, Daniel C. Smith, Billie A. Stultz, and Colleen A. Brennan, Office of Chief Counsel, Federal Railroad Administration, Washington, D.C., were on the brief for the respondents. Louis P. Warchot and Michael J. Rush were on the brief for amicus curiae the Association of American Railroads. On Petition for Review of an Order of the Federal Railroad Administration. Before O'SCANNLAIN, COWEN, * and BEA, Circuit Judges. OPINION O'SCANNLAIN, Circuit Judge. 1 We must decide whether the Federal Railroad Administration may exclude…