CSX TRANSPORTATION, INC., et al., Petitioners
v.
SURFACE TRANSPORTATION BOARD and United States of America, Respondents
American Chemistry Council, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 7, 2009.
Decided June 9, 2009.
Attorney(s) appearing for the Case
G. Paul Moates argued the cause for Railroad Petitioners. With him on the briefs were Paul A. Hemmersbaugh, Peter J. Shudtz, Paul R. Hitchcock, Louis P. Warchot, George A. Aspatore, J. Michael Hemmer, Louise A. Rinn, Samuel M. Sipe, Jr., Anthony J. LaRocca, Terence M. Hynes, and Michael L. Rosenthal.
Nicholas J. DiMichael argued the cause for petitioners The National Industrial Transportation League, et al. With him on the briefs were Jeffrey O. Moreno, Andrew P. Goldstein, and John M. Cutler, Jr.
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, Surface Transportation Board. Anika S. Cooper, Attorney, entered an appearance.
G. Paul Moates, Paul A. Hemmersbaugh, Peter J. Shudtz, Paul R. Hitchcock, Louis P. Warchot, George A. Aspartore, J. Michael Hemmer, Louise A. Rinn, Samuel M. Sipe, Jr., Anthony J. LaRocca, Terence M. Hynes, and Michael L. Rosenthal were on the brief of Railroad Intervenors.
Nicholas J. DiMichael, Jeffrey O. Moreno, Andrew P. Goldstein, and John M. Cutler, Jr. were on the brief for Shipper Intervenors.
Opinion for the Court filed by Circuit Judge TATEL.
United States Court of Appeals, District of Columbia Circuit.
TATEL, Circuit Judge:
In this case we consider a set of challenges to a Surface Transportation Board regulation establishing a simplified method for resolving rail rate disputes too small to bring under ordinary procedures. The Board's new regulation gives shippers— the complainants in rail rate disputes—a choice between using the usual procedures or either of two cheaper and simpler "small claims" alternatives better suited to uncomplicated cases. Under...
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