MIDAMERICAN ENERGY CO. v. SURFACE TRANSP. BD.

Nos. 97-1081, 97-1284, 97-1331, 97-1332, 97-1333, 97-1335, 97-1583, 97-2204, 97-2206, 97-2260, 97-2303, 97-2328, 97-2462 and 97-2464.

169 F.3d 1099 (1999)

MIDAMERICAN ENERGY COMPANY, Petitioner, Western Coal Traffic League, Intervenor on Appeal, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, Norfolk Southern Railway Company; Union Pacific Corporation; Southern Pacific Transportation Company; Consolidated Rail Corporation; Association of American Railroads, Intervenors on Appeal. Central Power & Light Company, Petitioner, Western Coal Traffic League, Intervenor on Appeal, v. Surface Transportation Board; United States of America, Respondents, Norfolk Southern Railway Company; Union Pacific Corporation; Southern Pacific Transportation Company; Consolidated Rail Corporation; Association of American Railroads, Intervenors on Appeal. National Industrial Transportation League, Petitioner, Western Coal Traffic League, Intervenor on Appeal, v. Surface Transportation Board; United States of America, Respondents, Pennsylvania Power & Light Company; Norfolk Southern Railway Company; Union Pacific Corporation; Southern Pacific Transportation Company; Consolidated Rail Corporation; Association of American Railroads, Intervenors on Appeal. Union Pacific Railroad Company; Southern Pacific Transportation Company, Petitioners, v. Surface Transportation Board; United States of America, Respondents, Pennsylvania Power & Light Company; Norfolk Southern Railway Company; MidAmerican Energy Company; National Industrial Transportation League; Union Pacific Corporation; Consolidated Rail Corporation; Association of American Railroads; Western Coal Traffic League, Intervenors on Appeal. Consolidated Rail Corporation, Petitioner, v. Surface Transportation Board; United States of America, Respondents, Pennsylvania Power & Light Company; Norfolk Southern Railway Company; National Industrial Transportation League; Union Pacific Corporation; Southern Pacific Transportation Company; Association of American Railroads; Western Coal Traffic League, Intervenors on Appeal. Association of American Railroads, Petitioner, v. Surface Transportation Board; United States of America, Respondents, Pennsylvania Power & Light Company; Norfolk Southern Railway Company; National Industrial Transportation League; CSX Transportation, Inc.; Union Pacific Corporation; Southern Pacific Transportation Company; Consolidated Rail Corporation; Western Coal Traffic League, Intervenors on Appeal. Western Coal Traffic League, Petitioner, v. Surface Transportation Board; United States of America, Respondents, Union Pacific Corporation; Southern Pacific Transportation Company; Consolidated Rail Corporation; Association of American Railroads, Intervenors on Appeal. Western Resources, Inc., Petitioner, Western Coal Traffic League, Intervenor on Appeal, v. Surface Transportation Board; United States of America, Respondents, Consolidated Rail Corporation; Union Pacific Railroad Company; Southern Pacific Transportation Company; Association of American Railroads; Norfolk Southern Railway Company, Intervenors on Appeal. Association of American Railroads, Petitioner, v. Surface Transportation Board; United States of America, Respondents, Pennsylvania Power & Light Company; Norfolk Southern Railway Company; Western Coal Traffic League; National Industrial Transportation League; MidAmerican Energy Company; Western Resources, Intervenors on Appeal. Consolidated Rail Corporation; Petitioner, Association of American Railroads, Intervenor on Appeal, v. Surface Transportation Board; United States of America, Respondents, Pennsylvania Power & Light Company; Norfolk Southern Railway Company; Western Coal Traffic League; National Industrial Transportation League; MidAmerican Energy Company, Intervenors on Appeal. Union Pacific Corporation; Southern Pacific Transportation Company, Petitioners, Association of American Railroads, Intervenor on Appeal, v. Surface Transportation Board; United States of America, Respondents, Pennsylvania Power & Light Company; Norfolk Southern Railway Company; Western Coal Traffic League; National Industrial Transportation League; MidAmerican Energy Company, Intervenors on Appeal. Western Coal Traffic League, Petitioner, v. Surface Transportation Board; United States of America, Respondents, Consolidated Rail Corporation; Association of American Railroads; Norfolk Southern Railway Company; Union Pacific Railroad Company; Southern Pacific Transportation Company, Intervenors on Appeal. National Industrial Transportation League; Petitioner, Western Coal Traffic League, Intervenor on Appeal, v. Surface Transportation Board; United States of America, Respondents, Union Pacific Railroad Company; Southern Pacific Transportation Company; Association of American Railroads; Consolidated Rail Corporation, Intervenors on Appeal. MidAmerican Energy Company, Petitioner, Western Coal Traffic League, Intervenor on Appeal, v. Surface Transportation Board; United States of America, Respondents, Union Pacific Railroad Company; Southern Pacific Transportation Company; Association of American Railroads; Consolidated Rail Corporation, Intervenors on Appeal.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1999.


Attorney(s) appearing for the Case

John H. LeSeur, Washington, D.C., argued, for Western Coal and intervenor shippers.

Nicholas DiMichael, Washington, D.C., argued, for National Ind. Transportation League and MidAmerican Energy.

William L. Slover, Washington, D.C., argued, for Central Power and Light.

Arvid E. Roach II, Washington D.C., argued, for the Railroads

Theodore K. Kalick of the STB, Washington, D.C., argued, for appellee.

Before WOLLMAN and HANSEN, Circuit Judges, and STEVENS, District Judge.


WOLLMAN, Circuit Judge.

This is a consolidated action involving MidAmerican Energy Company (MidAmerican), Central Power & Light Company (CP & L), and Pennsylvania Power & Light Company (PP & L) (collectively the utilities). They petition for review of two orders of the Surface Transportation Board (the Board) dismissing their complaints against rail carriers. The carriers cross-appeal from the portion of the Board's decisions regarding reasonableness...

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