Stb

ORDER

Respondents-Intervenors Aaska Railroad Corporation and Matanuska-Susitna Borough’s motion to lift this court s October 1, 2012, order granting a stay of the Surface Transportation Board’s (STB’s) November 21, 2011, order is GRANTED. Leiva-Perez v. Holder, 640 F.3d 962, 964, 966 (9th Cir.2011) (stating the relevant standard); Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131-32, 1135 (9th Cir.2011) (same). Additionally, the petition for review of the STB’s order is DENIED. An opinion on the merits of denial of the petition for review will follow in due course. However, we think it appropriate to comment briefly now on our reasoning for lifting the stay.

Based on the merits briefing and the oral argument held before us, we conclude that Petitioners no longer satisfy the standard for issuance of a stay. See United States v. Houser, 804 F.2d 565, 568 (9th Cir.1986) (discussing a merits panel’s authority to reconsider a motions panel’s decision). This court initially determined that Petitioners raised a “serious question” regarding whether the STB complied with the National Environmental Policy Act (NEPA) in determining the “purpose and need” of the proposed rail…