Kevin M Sheys's Legal Cases (5)

Transportation

NATIONAL RAILROAD PASSENGER CORPORATION--SECTION 213 - CANADIAN NATIONAL RAILWAY COMPANY

Dec 19, 2014

OUTCOME: Granted Motion to Amend Complaint

DECISION: (1) GRANTED THE MOTION OF THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) TO LIMIT ITS COMPLAINT AGAINST CANADIAN NATIONAL RAILWAY COMPANY UNDER SECTION 213 OF THE PASSENGER RAIL INVESTM ... ENT AND IMPROVEMENT ACT OF 2008 (PRIIA) TO ON-TIME PERFORMANCE ISSUES WITH RESPECT TO A SINGLE ROUTE BETWEEN CHICAGO AND CARBONDALE, ILLINOIS; AND (2) CONCLUDED THAT PENDING COURT LITIGATION INVOLVING THE CONSTITUTIONALITY OF METRICS AND STANDARDS DEVELOPED UNDER PRIIA SECTION 207 DOES NOT PRECLUDE THIS CASE FROM MOVING FORWARD.

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CALIFORNIA HIGH-SPEED RAIL AUTHORITY-PETITION FOR DECLARATORY ORDER

Dec 12, 2014

OUTCOME: Declaratory Order Granted

DECISION CONCLUDED THAT 49 U.S.C. § 10501(B) PREEMPTS APPLICATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, TO THE EXTENT DISCUSSED BELOW, TO THE CONSTRUCTION OF A HIGH-SPEED PASSENGER RAIL LINE BET ... WEEN FRESNO AND BAKERSFIELD, CAL.

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CALIFORNIA HIGH-SPEED RAIL AUTHORITY-CONSTRUCTION EXEMPTION-IN FRESNO, KINGS, TULARE, AND KERN COUNTIES, CAL.

Aug 12, 2014

OUTCOME: Petition for Exemption Granted

DECISION AUTHORIZED THE CALIFORNIA HIGH-SPEED RAIL AUTHORITY TO CONSTRUCT A 114-MILE HIGH-SPEED PASSENGER RAIL LINE BETWEEN FRESNO AND BAKERSFIELD, CAL., SUBJECT TO ENVIRONMENTAL MITIGATION CONDITIONS. ...

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CALIFORNIA HIGH-SPEED RAIL AUTHORITY-CONSTRUCTION EXEMPTION-IN MERCED, MADERA AND FRESNO COUNTIES, CAL.

Jun 13, 2013

OUTCOME: Petition for Exemption Granted

DECISION GRANTED THE PETITION FILED BY THE CALIFORNIA HIGH-SPEED RAIL AUTHORITY FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS TO CONSTRUCT AN APPROXIMATELY 65-MILE HIGH-SPEED PASSENGER RAIL LINE B ... ETWEEN MERCED AND FRESNO, CALIFORNIA, SUBJECT TO ENVIRONMENTAL MITIGATION CONDITIONS.

Transportation

WEYERHAEUSER COMPANY v. UNITED STATES RAILROAD RETIREMENT BOARD, (7th Cir. 2007)

Sep 24, 2007

OUTCOME: Reversed & remanded.

Reversed RRB as to claims with respect to four employees.The Board initially concluded as to Sharp, Ruth, Honea, and Potts' claims for additional service credit that the only exception possibly applica ... ble in this case-employer fraud-did not apply because there was no evidence that Weyerhaeuser had committed fraud. On reconsideration, the Board granted retroactive service credit beyond the four years, to 1995, without finding that Weyerhaeuser had committed fraud. This contravened the governing regulations and was thus contrary to law. Accordingly, we reverse the Board's decision on reconsideration as to Sharp, Ruth, Honea, and Potts.

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