CSX Transp., Inc. v. Surface Transp. Bd. , 568 F.3d 236 ( 2009 )

United States Court of Appeals F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT ____________ No. 07-1369 September Term 2009 STB-ExParte646 Filed On: October 23, 2009 CSX Transportation, Inc., Petitioner v. Surface Transportation Board and United States of America, Respondents ------------------------------ American Chemistry Council, et al., Intervenors ------------------------------ Consolidated with 07-1370, 07-1371, 07-1372, 07-1410, 08-1194 BEFORE: Rogers, Tatel, and Griffith, Circuit Judges ORDER Upon consideration of the petition of Norfolk Southern Railway Company for panel rehearing filed on July 24, 2009, and the response thereto, it is ORDERED that the petition for rehearing be granted and the opinion filed June 9, 2009, be amended as set forth in the opinion issued this date. It is FURTHER ORDERED that the judgment of the court issued June 9, 2009, be vacated. The Clerk is directed to enter a new judgment. The Clerk is directed to issue the mandate seven days after the issuance of this order. See Fed. R. App. P. 41; D.C. Cir. Rule 41. Per Curiam FOR THE COURT: Mark J. Langer, Clerk BY: /s/ Michael C. McGrail Deputy Clerk