BNSF RAILWAY COMPANY, Petitioner
v.
SURFACE TRANSPORTATION BOARD and United States of America, Respondents
Western Coal Traffic League, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 5, 2008.
Decided May 20, 2008.
Attorney(s) appearing for the Case
John H. LeSeur argued the cause for Shipper Petitioners. With him on the briefs were Christopher A. Mills, William L. Slover, Kelvin J. Dowd, C. Michael Loftus, Andrew B. Kolesar III, and Peter A. Pfohl.
Samuel M. Sipe, Jr. and Michael L. Rosenthal argued the cause for Railroad Petitioners. With them on the briefs were Richard E. Weicher, Anthony J. LaRocca, Peter J. Shudtz, Paul R. Hitchcock, George A. Aspatore, John M. Hemmer, Louise A. Rinn, Terence M. Hynes, G. Paul Moates, and Paul A. Hemmersbaugh.
Raymond A. Atkins, Associate General Counsel, Surface Transportation Board, argued the cause for respondents. With him on the brief were Robert B. Nicholson and John P. Fonte, Attorneys, U.S. Department of Justice, and Ellen D. Hanson, General Counsel.
Richard E. Weicher, Samuel M. Sipe, Jr., and Anthony J. LaRocca were on the brief for intervenor BNSF Railway Company.
C. Michael Loftus, Andrew B. Kolesar III, and Peter A. Pfohl were on the brief for intervenor Western Coal Traffic League.
Opinion for the Court filed by Circuit Judge KAVANAUGH.
United States Court of Appeals, District of Columbia Circuit.
KAVANAUGH, Circuit Judge:
In a recent rulemaking, the Surface Transportation Board changed aspects of its rail rate-setting methodology. Railroads and shippers both petition for review — railroads arguing that certain changes improperly benefit shippers and shippers arguing that certain changes improperly benefit railroads. We conclude that the Board's changes are reasonable and reasonably explained. We therefore deny...
Let's get started
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.
