U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART A— RAIL › Chapter CHAPTER 117— ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

49 U.S.C. § 11702

Enforcement by the Board

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The Board may bring a civil action—(1) to enjoin a rail carrier from violating sections 10901 through 10906 of this title, or a regulation prescribed or order or certificate issued under any of those sections;(2) to enforce subchapter II of chapter 113 of this title and to compel compliance with an order of the Board under that subchapter; and(3) to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a rail carrier providing transportation subject to the jurisdiction of the Board under this part.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 845.)Editorial NotesPrior Provisions

A prior section 11702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450; Pub. L. 96–296, §§ 15(c), 16(c), July 1, 1980, 94 Stat. 809, 810; Pub. L. 97–261, § 25(e), Sept. 20, 1982, 96 Stat. 1125; Pub. L. 98–554, title II, § 226(c)(5), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 100–690, title IX, § 9111(j), Nov. 18, 1988, 102 Stat. 4534, related to authority of Interstate Commerce Commission to bring a civil action to enforce various provisions of this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11702, 14702, and 15902 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions
Cited in 17 cases, 1980–2011 · leading case: Interstate Com. Comm'n v. Transcon Lines, 513 U.S. 138 (1995).
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Interstate Com. Comm'n v. Transcon Lines, 513 U.S. 138 (1995). · cites it 3× “The Court of Appeals understood that the ICC as a general matter is authorized to enforce its credit regulations by seeking an injunction, see 49 U. S. C. §§ 11702 (a)(4), (a)(6). It also recognized, or at least implied, that the credit regulations are valid on their face, but…”
United States v. Alky Enter., Inc., 969 F.2d 1309 (1st Cir. 1992). · cites it 3× “The Scope of the ICC’s Enforcement Powers At the time of both Alky I and Alky II, the ICC’s enforcement powers were as currently set out in the Interstate Commerce Act at 49 U.S.C. § 11702 (a). This section, in relevant part, authorizes the ICC to bring a civil action— (4) to…”
Interstate Com. Comm'n v. Transcon Lines, 990 F.2d 1503 (9th Cir. 1993). · cites it 2× “We hold that the ICC is authorized by the statute to bring a civil action of enforcement against the carrier’s estate, 49 U.S.C. § 11702 , and accordingly we have jurisdiction to hear this suit.”
Interstate Com. Comm'n v. James R. Gould, 629 F.2d 847 (3d Cir. 1980). “Compare 49 U.S.C.A. § 11702 (West Supp.1980) (civil actions) with id.”
Buffalo S. R.R. v. Vill. of Croton-On-Hudson, 434 F. Supp. 2d 241 (S.D.N.Y. 2006). · cites it 2× “Another remedial section of the ICCTA, 49 U.S.C. § 11702 , specifically grants the STB power to seek injunctive relief for violations of Chapter 109 through a civil action.”
De La Fuente v. Stokely-Van Camp, Inc., 514 F. Supp. 68 (C.D. Ill. 1981). “See 49 U.S.C. §§ 11702 (a)(3), 11703, and 11914(b).”
Interstate Com. Comm'n v. Transcon Lines, 968 F.2d 798 (9th Cir. 1992). · cites it 2× “We hold that the ICC is authorized by the statute to bring a civil action of enforcement against the carrier’s estate, 49 U.S.C. § 11702 , and accordingly we have jurisdiction to hear this suit.”
Interstate Com. Comm'n v. Transcon Lines, 981 F.2d 402 (9th Cir. 1992). · cites it 2× “We hold that the ICC is authorized by the statute to bring a civil action of enforcement against the carrier’s estate, 49 U.S.C. § 11702 , and accordingly we have jurisdiction to hear this suit.”
Whitaker v. Interstate Com. Comm'n (In Re Olympia Holding Corp.), 161 B.R. 524 (M.D. Fla. 1993). “This Court finds no merit in the argument in any event.”
Interstate Com. Comm'n v. Brannon Sys., Inc., 686 F.2d 295 (5th Cir. 1982). · cites it 2× “49 U.S.C. § 11702 (a)(4) 2 grants the Commission the power to bring a civil injunctive action to enforce its regulations.”
Kessler v. Surface Transp. Bd., 637 F.3d 369 (D.C. Cir. 2011). “*** Under 49 U.S.C. § 11702 , the Board may also bring a civil action "to enjoin a rail carrier from violating §§ 10901 through 10906.”
Interstate Com. Comm'n v. Transcon Lines, 9 F.3d 64 (9th Cir. 1993). “1960), and seek federal injunctions, see 49 U.S.C.A. § 11702 (West Supp.1993), to force carriers to obey its credit regulations.”
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