49 C.F.R. § 1115.6

Exhaustion of remedies and judicial review

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These rules do not relieve the requirement that a party exhaust its administrative remedies before going to court. Any action appealable as of right must be timely appealed. If an appeal, discretionary appeal, or petition seeking reopening is filed under § 1115.2 or § 1115.3 of this part, before or after a petition seeking judicial review is filed with the courts, the Board will act upon the appeal or petition after advising the court of its pendency unless action might interfere with the court's jurisdiction.

[47 FR 49568, Nov. 1, 1982, as amended at 61 FR 52714, Oct. 8, 1996]

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: Alaska Survival v. Surface Transportation Board

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Alaska Survival v. Surface Transportation Board (2013) ca9 “Respondents do not contend that Petitioners failed to exhaust their administrative remedies, see 49 C.F.R. § 1115.6 (stating that a party must exhaust administrative remedies before going to court), but only that they failed to raise the issue of the STB’s grant of the § 10502…”

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