WESTERN COAL TRAFFIC LEAGUE v. SURFACE TRANSP. BD.

Nos. 00-1115, 00-1118 and 00-1120.

216 F.3d 1168 (2000)

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

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 2000.


Attorney(s) appearing for the Case

Roy T. Englert, Jr. argued the cause for petitioners. With him on the briefs were Erika Z. Jones, David I. Bloom, Adam C. Sloane, William L. Slover, C. Michael Loftus, Robert D. Rosenberg, Paul A. Cunningham, David A. Bono, Richard B. Herzog, Gerald P. Norton, Richard E. Weicher, Robert B. Fiske, Jr. and Guy Miller Struve.

Robert P. vom Eigen, Roderick B. Williams, Frederic L. Wood, Nicholas J. DiMichael, Harold A. Ross and Daniel R. Barney were on the joint brief of intervenors Gaylord Container Corporation, et al., and amici curiae The Fertilizer Institute, et al., in support of petitioners. Thomas J. Litwiler and Peter S. Glaser entered appearances.

Craig M. Keats, Associate General Counsel, Surface Transportation Board, argued the cause for respondents. With him on the brief was Ellen D. Hanson, General Counsel.

George A. Aspatore, G. Paul Moates, Vincent F. Prada, Paul A. Hemmersbaugh, Peter J. Shudtz, Dennis G. Lyons, Terence M. Hynes, James V. Dolan, Louise A. Rinn, J. Michael Hemmer, David L. Meyer, William A. Mullins, Clinton J. Miller, III, Daniel R. Elliott, III, Gregory B. Robertson, Daniel A. LaKemper and John D. Sharer were on the joint brief of intervenors Norfolk Southern Corporation, et al., and amici curiae James River Coal Company, et al., in support of respondent. Louis E. Gitomer, Donald H. Smith and William A. Mullins entered appearances.

Before: WILLIAMS, GINSBURG and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

Dissenting opinion filed by Circuit Judge SENTELLE.

GINSBURG, Circuit Judge:

The Western Coal Traffic League, the Canadian National Railway Company (CN), the Burlington Northern Santa Fe Corporation, and the Burlington Northern and Santa Fe Railway Company (BNSF) (collectively, BNSF) petition for review of a decision by the Surface Transportation Board to place a 15-month "moratorium" upon the...

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