BALTIMORE GAS AND ELECTRIC COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents, Association of American Railroads, Consolidated Rail Corporation, Chemical Manufacturers Association, National Industrial Transportation League, Patrick W. Simmons, the Southern Transportation League, Inc., Eastern Industrial Traffic League, Inc., Amherst Industries, Inc., Cheney Lime & Cement Company, Altra Railroad Company, Rail Enterprises, Inc., Pittsburgh and Lake Erie Railroad Company, Intervenors.
CONSOLIDATED RAIL CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents, Chemical Manufacturers Association, Patrick W. Simmons, PPG Industries, Inc., Association of American Railroads, National Industrial Transportation League, Pittsburgh and Lake Erie Railroad Company, International Minerals and Chemicals Corp., Committee on Transportation & Distribution of the Society of the Plastics Industry, Inc., Transportation Committee of the Rubber Manufacturers Assoc., Baltimore Gas and Electric Co., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 24, 1986.
Decided April 21, 1987.
As Amended April 21, 1987.
Attorney(s) appearing for the Case
Harvey J. Reed, with whom David M. Perlman and David A. Brune, Baltimore, Md., for Baltimore Gas and Elec. Co. petitioner in No. 85-1761 and intervenor in No. 85-1845; Richard R. Wilson for Pittsburgh and Lake Erie RR., intervenor in No. 85-1761; John A. Vuono, Pittsburgh, Pa., for PPG Industries, Inc., intervenor in No. 85-1845; Susan J. Blum and Martin W. Bercovici, Washington, D.C., for Transp. Committee of the Rubber Manufacturers Ass'n, et al., intervenors in No. 85-1845; and William P. Jackson, Jr., Arlington, Va., for The Southern Transp. League, Inc., et al., intervenors in No. 85-1761 were on the joint brief.
Paul A. Cunningham, with whom Robert M. Jenkins, III, Marc D. Machlin, David A. Hirsh, Richard B. Herzog, Washington, D.C., and Constance L. Abrams, Philadelphia, Pa., were on the brief for Consolidated Rail Corp., petitioner in No. 85-1845 and intervenor in No. 85-1761.
Timm L. Abendroth, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, Louis Mackall, Atty., I.C.C., Catherine G. O'Sullivan and Donald S. Clark, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents in Nos. 85-1761 and 85-1845. John P. Fonte and John J. Powers, III, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondents.
Gordon P. MacDougall, Washington, D.C., for intervenor, Patrick W. Simmons in Nos. 85-1761 and 85-1845.
R. Eden Martin, with whom David M. Levy, Richard E. Young and J. Thomas Tidd, Washington, D.C., were on the brief for intervenor, Ass'n of American Railroads in Nos. 85-1761 and 85-1845.
John L. Oberdorfer and Claudia L. Deering for Chemical Mfrs. Ass'n, and John F. Donelan, Washington, D.C., for The Nat. Industrial Transp. League were on the joint brief for intervenors in Nos. 85-1761 and 85-1845. John M. Cleary, Washington, D.C., entered an appearance for intervenor, Nat. Industrial Transp. Scott N. Stone and David Zoll, Washington, D.C., entered appearances for intervenor, Chemical Mfrs. Ass'n.
Before MIKVA, RUTH BADER GINSBURG and SILBERMAN, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
Petitioners Baltimore Gas and Electric Company ("BG & E") and Consolidated Rail Corporation ("Conrail") challenge Interstate Commerce Commission regulations governing the ICC's disposition of railroad "competitive access" proceedings, which were promulgated in response to recent legislation. See 49 C.F.R. §§ 1144.1-1144.6 (1986). BG & E mounts a two pronged...
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