WESTERN COAL TRAFFIC LEAGUE, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Association of American Railroads, Duke Power Company, et al., American Paper Institute, Inc., Carolina Power & Light Company, National Industrial Traffic League, American Iron and Steel Institute, Nevada Power Company, Central Illinois Light Company, et al., Intervenors.
ALABAMA POWER COMPANY, et al., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Association of American Railroads, Western Coal Traffic League, Intervenors.
CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Association of American Railroads, Western Coal Traffic League, Intervenors.
COMMONWEALTH EDISON COMPANY, et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and UNITED STATES of America, Respondents,
Association of American Railroads, Western Coal Traffic League, Intervenors.
FORT HOWARD PAPER COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Association of American Railroads, Western Coal Traffic League, Intervenors.
EDISON ELECTRIC INSTITUTE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Western Coal Traffic League, Association of American Railroads, Intervenors.
The FERTILIZER INSTITUTE, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Western Coal Traffic League, Association of American Railroads, Intervenors.
AMERICAN PAPER INSTITUTE, INC., Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Association of American Railroads, Western Coal Traffic League, Intervenors.
CAROLINA POWER & LIGHT COMPANY, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Association of American Railroads, Western Coal Traffic League, Intervenors.
CENTRAL ILLINOIS LIGHT COMPANY, et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Western Coal Traffic League, Association of American Railroads, Intervenors.
SOUTH CAROLINA ELECTRIC & GAS COMPANY, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Association of American Railroads, Western Coal Traffic League, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 2, 1982.
Decided May 4, 1982.
Attorney(s) appearing for the Case
William Lewis Slover, Washington, D. C., with whom C. Michael Loftus, Washington, D. C., Donald G. Avery, and John H. LeSeur, Washington, D. C., were on the brief, for Western Coal Traffic League and Fort Howard Paper Co., petitioners in Nos. 81-1437 and 81-1547 and intervenors in Nos. 81-1480, 81-1520, 81-1523, 81-1547, 81-1590, 81-1639, 81-1659, 81-1642, 81-1660 and 81-1661.
Charles J. McCarthy, Chicago, Ill., with whom John M. Cutler, Jr., Chicago, Ill., was on the brief, for Commonwealth Edison Co., et al., petitioners in No. 81-1523.
Leonard M. Trosten, Harry H. Voigt, Michael F. McBride and Daniel J. Conway, Washington, D. C., were on the brief for Edison Electric Institute, petitioner in No. 81-1590.
Harold E. Spencer, Stephen C. Herman and Richard S. M. Emrich, III, Chicago, Ill., were on the brief for The Fertilizer Institute, petitioner in No. 81-1639.
John F. Donelan, John K. Maser, III, Frederic L. Wood, Nicholas J. DiMichael and John F. Donelan, Jr., Washington, D. C., were on the brief for Carolina Power and Light Co., et al., petitioners in Nos. 81-1659, 81-1642 and 81-1661, and intervenors in No. 81-1437.
John R. Molm and Robert P. Edwards, Jr., Atlanta, Ga., were on the brief for Alabama Power Co., et al., petitioners in No. 81-1480.
Edmund B. Frost, Raymond Michael Ripple and Gloria M. Sodaro, Washington, D. C., were on the brief for Chemical Manufacturers Ass'n, petitioner in No. 81-1520.
J. Raymond Clark and Mary Todd Foldes, Washington, D. C., were on the brief for Central Illinois Light Co., et al., petitioners in No. 81-1660 and intervenors in No. 81-1437.
Lawrence H. Richmond, Atty., I.C.C., Washington, D. C., with whom Richard A. Allen, Gen. Counsel, Kathleen M. Dollar, Associate Gen. Counsel, I.C.C., John J. Powers, III and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.
Robert Eden Martin, Washington, D. C., with whom David M. Levy, Washington, D. C., Michael G. Lederman, Chicago, Ill., Curtis H. Berg, St. Paul, Minn., W. Donald Boe, Jr., Omaha, Neb., James L. Howe, III, Richmond, Va., John W. Ongman, Washington, D. C., and John J. Paylor, Cleveland, Ohio, were on the brief for intervenor, Ass'n of American Railroads, in Nos. 81-1437, 81-1480, 81-1520, 81-1523, 81-1547, 81-1590, 81-1639, 81-1659, 81-1642, 81-1660 and 81-1661.
James W. Lawson, Washington, D. C., was on the brief for Nevada Power Co., intervenor in No. 81-1437.
Max O. Truitt, Jr. and Neil J. King, Washington, D. C., were on the brief for American Iron and Steel Institute, intervenor in No. 81-1437.
C. Michael Loftus, Washington, D. C., was on the brief for Consumer Owned Power Coalition, amicus curiae.
Before WALD, MIKVA and GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
The Staggers Rail Act of 1980, Pub.L.No.96-448, 95 Stat. 1895 (to be codified in scattered sections of 11, 45 & 49 U.S.C.) ("Staggers Act" or "Act") provides the Interstate Commerce Commission ("ICC" or "Commission") with jurisdiction to review the reasonableness of rates charged by "market dominant"1 railroads. Under Title II of the Act, however, certain...
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