416
Opinion of the Court
Appeals' decision in this case, added the following sentence to § 562(d)(1): "The Corporation may subsequently convey title or other interest in such property to a third party, if such reconveyance is found by the Commission to further the purposes of this Act." Independent Safety Board Act Amendments of 1990 § 9(a), Pub. L. 101-641, 104 Stat. 4658. The amendment was made applicable to all pending cases, § 9(b), and B&M does not dispute that it applied in this case even while it was before the Court of Appeals on rehearing. Brief for Respondent B&M 33-35. The Court of Appeals considered the 1990 amendment, but denied rehearing nonetheless. 288 U. S. App. D. C. 196, 925 F. 2d 427 (1991). The panel majority held that while § 9 made it clear Amtrak was authorized to reconvey condemned property "subsequent to a condemnation that is otherwise valid under [§ 562(d)]," it did not change the statutory limitation that the property be " 'required for intercity rail passenger service' " in the first place. Id., at 197, 925 F. 2d, at 428 (emphasis in original). The majority reasoned that since its original decision was based on Amtrak's failure to satisfy that requirement, the amendment did not affect its holding. The majority also distinguished a case from the Second Circuit, National Railroad Passenger Corp. v. Two Parcels of Land, 822 F. 2d 1261, cert. denied, 484 U. S. 954 (1987), which had interpreted § 545(d)(1) (the provision authorizing Amtrak to condemn nonrail property) to permit reconveyance following condemnation. 288 U. S. App. D. C., at 196-197, 425 F. 2d, at 427- 428. In a separate opinion, Judge Ginsburg wrote that the amendment confirmed her view that the ICC had not misinterpreted the statute, but that a remand remained necessary for further factual determinations.
Amtrak and CV, in No. 90-1419, and the ICC, in No. 90- 1769, filed separate petitions seeking review of the Court of Appeals' decision. We granted certiorari and consolidated the cases. 502 U. S. 807 (1991). We now reverse.
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