No, I think you're off track a little (no pun intended). As was previously discussed in the CMRR forum, ownership and operating rights are two entirely different subjects. If you go back to the beginning of 246115, you will find this statement:
"Under the authority of 49 U.S.C. § 10903 and 49 C.F.R. part 1152, DEC will file an application for adverse abandonment of the authority of the Saratoga and North Creek Railway (SNCR) to operate over a rail line commonly known as the Sanford Lake Branch or the Tahawus Line (the Line), between milepost NC 0.0 at North Creek, New York and the Line’s terminus near the Tahawus Mine at milepost NC 29.71.1"
The STB granted operating authority over the line to SNCR some years ago. I suspect they will not hesitate to grant authority to a successor operator (Omnitrax, Watco, etc.) in the near future, after this stuff is cleaned up. So my guess is the STB will find against the DEC, then it will go to court, and the court will uphold the STB decision.