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WESTERN COAL TRAFFIC LEAGUE v. SURFACE TRANSP. BD.

No. 96-1373.

169 F.3d 775 (1999)

WESTERN COAL TRAFFIC LEAGUE, et al., Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Union Pacific Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 23, 1999.

Attorney(s) appearing for the Case

William L. Slover argued the cause for petitioners. With him on the joint briefs were C. Michael Loftus, John H. LeSeur, Christopher A. Mills and Andrew B. Kolesar, III.

Louis Mackall, V, Attorney, Surface Transportation Board, argued the cause for respondent. With him on the brief was Henri F. Rush, General Counsel. Robert B. Nicholson and John P. Fonte, Attorneys, U.S. Department of Justice, and Evelyn G. Kitay, Attorney, Surface Transportation Board, entered appearances.

Arvid E. Roach, II, argued the cause for intervenors. With him on the brief were J. Michael Hemmer and Carolyn F. Corwin. James V. Dolan and Louise A. Rinn entered appearances.

Before: WILLIAMS, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Western Coal Traffic League petitions for review of the Surface Transportation Board's order approving the merger of two major western railroads—the Union Pacific Railroad Company and the Southern Pacific Rail Corporation. In 1996, the Surface Transportation Board approved the merger application under the Interstate Commerce Act, 49 U.S.C. § 11343 et seq., but...

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