1. Home
  2. Browse Decisions
  3. F.3d
  4. 484 F.3d
  5. 484 F.3d 959 (2007)
 

OTTER TAIL POWER CO. v. SURFACE TRANSP. BD.

Nos. 06-1962, 06-2412.

484 F.3d 959 (2007)

OTTER TAIL POWER COMPANY, Petitioner, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, BNSF Railway Company, Intervenor on Appeal. Edison Electric Institute; American Public Power Association; National Rural Electric Cooperative Association; National Association of Regulatory Utility Commissioners; Minnesota Public Utilities Commission; Montana Public Service Commission; North Carolina Utilities Commission; North Dakota Public Service Commission; South Dakota Public Utilities Commission, Amici on Behalf of Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: May 1, 2007.

Attorney(s) appearing for the Case

David F. Herr, argued, Minneapolis, MN (Michael C. McCarthy, Minneapolis, MN, Nicholas J. DiMichael, Jeffrey O. Moreno, Washington, DC, on the brief), for petitioner.

Samuel M. Sipe, Jr., argued, Washington DC (Anthony J. LaRocca, Washington, DC, Richard W. Reicher, Michael E. Roper, Fort Worth, TX, on the brief), for Intervenor BNSF Railway.

Raymond A. Atkins, argued, Surface Transportation Board of Washington, DC (Rachel D. Campbell, Surface Transportation Board of Washington, DC, Gerald F. Masoudi, Robert B. Nicholson, John P. Fonte, U.S. Dept. of Justice, Washington, DC, on the brief), for respondent.

Before MURPHY and SMITH, Circuit Judges, and READE, District Judge.

SMITH, Circuit Judge.

Otter Tail Power Company ("Otter Tail") challenges the determination of the Surface Transportation Board ("the Board") that rates proposed by Burlington Northern Santa Fe Railway (BNSF) were reasonable. We affirm.

I. Background

Otter Tail ships coal from its mining facility in Wyoming to South Dakota via BNSF. Otter Tail has no railroad transportation alternative to BNSF and is thus considered a captive shipper. Under...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases