28 U.S.C. § 2323

Duties of Attorney General; intervenors

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The Attorney General shall represent the Government in the actions specified in section 2321 of this title and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49.

The Surface Transportation Board and any party or parties in interest to the proceeding before the Board, in which an order or requirement is made, may appear as parties of their own motion and as of right, and be represented by their counsel, in any action involving the validity of such order or requirement or any part thereof, and the interest of such party.

Communities, associations, corporations, firms, and individuals interested in the controversy or question before the Board, or in any action commenced under the aforesaid sections may intervene in said action at any time after commencement thereof.

The Attorney General shall not dispose of or discontinue said action or proceeding over the objection of such party or intervenor, who may prosecute, defend, or continue said action or proceeding unaffected by the action or nonaction of the Attorney General therein.

Notes of Decisions

Cited in 84 cases, 1948–2011 · leading case: Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of Trade

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Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of Trade (1973) scotus · cites it 2× “Railroads which appeared before the Commission have a right to intervene, 28 U. S. C. § 2323 , but they need not do so.”

United States v. Drum (1962) scotus · cites it 2× “§ 2322 , and appellee Weather-Seal and appellant Regular Common Carrier Conference intervened as plaintiff and defendant respectively, 28 U. S. C. § 2323 . [5] Interstate Commerce Act § 203 (a) (17), 49 Stat.”

New York, New Haven & Hartford Railroad v. United States (1968) nysd · cites it 2× “has intervened, under the broad provisions of 28 U.S.C. § 2323 , to assert an unrelated claimthat the Commission erred in failing to set conditions to protect its interchange with NH at Maybrook, N.”

State of Texas v. United States of America and Interstate Commerce Commission (1985) ca5 “See 28 U.S.C. §§ 2323 , 2348 (1976); Fed.”

Utah Citizens Rate Ass'n v. United States of America & Interstate Commerce Commission (1961) utd · cites it 4× “Neither the general capacity to sue and be sued vested in the Utah Citizens Rate Association as a non-profit corporation by Utah Code Annotated 1953, §§ 16-6-1, 16-6-8, nor its statutory authorization to appear as a party or to intervene herein by virtue of 28 U.S.C. § 2323 ,…”

American Trucking Associations, Inc. v. Interstate Commerce Commission and the United States of America (1982) ca5 “28 U.S.C. § 2323 . 4 The petitioners and intervenors can point to neither statute nor precedent authorizing our review of the large number of proceedings involved.”

Interstate Commerce Commission v. Southern Railway Co. (1974) gamd · cites it 3× “” And the first paragraph of 28 U.S.C. § 2323 provides in pertinent part: “The Attorney General shall represent the Government in the actions specified in section 2321 of this title Finally, the second paragraph of Section 2323 goes on to provide that the ICC or affected parties…”

Massachusetts School of Law at Andover, Inc., Proposed Intervenor v. United States of America, American Bar Association (1997) cadc “, 28 U.S.C. § 2323 ; 7C Charles Alan Wright et al.”

State of Texas v. United States of America and Interstate Commerce Commission (1984) ca5 “See 28 U.S.C. §§ 2323 , 2348 (1976); Fed.”

Interstate Commerce Commission v. Atlantic Coast Line R. (1966) scotus “), the Commission and the shipper may intervene as of right, 28 U. S. C. § 2323 (1964 ed.), and the shipper will be under compulsion to do so to protect its interest since a decision setting aside the Commission’s order would destroy the foundation of the enforcement action.”

Schwartz v. Bowman (1965) nysd · cites it 2× “” 28 U.S.C. § 2323 . The pendency of an action to review does not in itself stay or suspend the Commission’s order, but such a stay may be granted by the court.”

New York Central Railroad Company v. United States (1961) nysd · cites it 2× “Recognizing this, the Baltimore interests seek to meet their difficulty as follows: 28 U.S.C. § 2323 provides that “any party or parties in interest to the proceeding before the Commission, in which an order or requirement is made, may appear as parties of their own motion and…”

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