Was the Third Circuit's failure to address the Surface Transportation Board's jurisdiction a clear error?

QUESTIONS PRESENTED NN A. Was it clear error for the Third Circuit to fail to address the oe issue of whether the Surface Transportation Board (“STB”) had the jurisdiction to render a decision in the underlying proceeding? (Even if the court determines that Petitioner does not have standing.) B. Were the allegations in Petitioner’s Affidavit sufficient to defeat Respondents’ Motion to Dismiss for lack of standing? -i 2. PARTIES . The parties before the Third Circuit in Case No. 16-4435 : oy are: Petitioners CNJ Rail Corporation and Eric Strohmeyer. Respondents Surface Transportation Board and the | . United States of America. : : . . Intervenors Norfolk Southern Railway Company and James Riffin ; 3. PETITIONERS’ DISCLOSURE OF. . . ; AFFILIATIONS AND FINANCIAL INTEREST , Your Petitioners are not publicly held entities, nor do they have a parent corporation. They have a 100 % ownership interest. No other publicly held corporation or other publicly held entity has a direct financial interest in the outcome-of this ; ° . litigation. Your Petitioners are not a trade association. This case did not arise out of a bankruptcy proceeding. 4.