COAL EXPORTERS ASSOCIATION OF the UNITED STATES, INC. and National Coal Association, Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Norfolk & Western Railway Company et al., Coastal States Energy Company, Atchison, Topeka & Santa Fe Railway Company et al., Nippon Steel Corporation et al., and Patrick W. Simmons, Intervenors.
EASTERN COAL TRANSPORTATION CONFERENCE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and UNITED STATES of America, Respondents,
Norfolk & Western Railway Company et al., Coastal States Energy Company, and Patrick W. Simmons, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 14, 1984.
Decided September 18, 1984.
As Amended September 18 and October 1, 1984.
Attorney(s) appearing for the Case
John Louis Oberdorfer, Washington, D.C., with whom Scott N. Stone, Robert Stauffer, and Garret G. Rasmussen, Washington, D.C., were on the brief, for petitioners Coal Exporters Ass'n of U.S., Inc. and Nat. Coal Ass'n in No. 83-1629.
C. Michael Loftus, Washington, D.C., with whom David A. Sutherland, Washington, D.C., was on the brief, for petitioner Eastern Coal Transp. Conference in No. 83-1633 and intervenor Coastal States Energy Co. in Nos. 83-1629 and 83-1633.
H. Glenn Scammel, Atty., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., Washington, D.C., and John J. Powers, III and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.
J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., entered an appearance for respondent U.S.A.
Robert Eden Martin, Chicago, Ill., with whom G. Paul Moates and Vincent F. Prada, Washington, D.C., Richard W. Kienle, Roanoke, Va., Roland W. Donnem, Cleveland, Ohio, Richard B. Allen and Renee D. Rysdahl, Washington, D.C., and Emried D. Cole, Jr., Jacksonville, Fla., were on the brief, for intervenors Norfolk & Western Ry. Co. et al. in Nos. 83-1629 and 83-1633.
Richard A. Hollander, Jacksonville, Fla., entered an appearance for intervenors Norfolk & Western Ry. Co. et al. in No. 83-1629.
Gordon P. MacDougall, Washington, D.C., was on the brief for intervenor Patrick W. Simmons in Nos. 83-1629 and 83-1633.
Noel Hemmendinger, Washington, D.C., was on the brief for intervenors Nippon Steel Corp. et al. in No. 83-1629.
Milton E. Nelson, Jr. and Richard E. Weicher, Chicago, Ill., Kendall T. Sanford, Denver, Colo., Thormund A. Miller and Louis P. Warchot, San Francisco, Cal., Stuart E. Vaughn, Chicago, Ill., J. Thomas Greene, Salt Lake City, Utah, and Frederick W. Read, III, Omaha, Neb., were on the brief for intervenors Atchison, Topeka & Santa Fe Ry. Co. et al. in No. 83-1629.
Robert B. Batchelder, Omaha, Neb., entered an appearance for intervenors Atchison, Topeka & Santa Fe Ry. Co. et al.
Before WRIGHT, TAMM, and MIKVA, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.
J. SKELLY WRIGHT, Circuit Judge.
In this case we review a decision of the Interstate Commerce Commission to exempt all rail transportation of coal destined for export through United States ports from all provisions of the Interstate Commerce Act (ICA), as amended.1 Here, challenges are brought to the exemption decision by organizations of coal producers and other export...
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