668 F.3d 741
D.C. Cir.2012Background
- Harsimus Embankment is a six-block, half-mile rail structure in Jersey City with historic/environmental value.
- Conrail sold the Embankment to LLCs after determining the property could be abandoned without STB approval if not a railroad line.
- STB abandonment authority is required for “railroad line” abandonment under 49 U.S.C. § 10903(a), while some tracks fall under different rules.
- The Embankment originated from the Penn Central bankruptcy and the final system plan that transferred properties to Conrail; jurisdiction over related disputes sits with the DC Circuit via the special court’s successor.
- The City of Jersey City, Rails to Trails Conservancy, and Preservation Coalition sued in district court alleging the sale was void for lacking STB abandonment authority; the district court dismissed for standing, a ruling this court reverses, directing further proceedings.
- The City argues STB proceedings would generate protections (public-use conditions, environmental/historic reviews) and allow acquisition options; Conrail contends no abandonment authority is needed and the City lacks concrete intent to purchase.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jersey City has Article III standing to challenge the sale. | City has concrete, imminent injury from loss of protective avenues. | City lacks a firm intention to purchase; injury not sufficiently imminent. | Yes; City has standing; injury is concrete and imminent. |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (injury must be concrete and particularized; traceable and redressable)
- Summers v. Earth Island Inst., 555 U.S. 488 (U.S. 2009) (standing requires a credible, concrete plan or imminent injury)
- LaRoque v. Holder, 650 F.3d 777 (D.C. Cir. 2011) (imminence shown by substantial probability of injury)
- Navegar, Inc. v. United States, 103 F.3d 994 (2d Cir. 1997) (credible threat required for imminence in some contexts)
- Seegars v. Ashcroft, 396 F.3d 1248 (D.C. Cir. 2005) (standing analysis with credible injury as prerequisite)
- Shays v. FEC, 414 F.3d 76 (D.C. Cir. 2005) (credible threat can establish injury in political context)