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UNION PACIFIC R. CO. v. SURFACE TRANSP. BD.

No. 10-1019.

628 F.3d 597 (2010)

UNION PACIFIC RAILROAD COMPANY, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. US Magnesium, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2010.

Attorney(s) appearing for the Case

Jonathan Marcus argued the cause for petitioner. With him on the briefs were J. Michael Hemmer , Louise A. Rinn , and Michael L. Rosenthal.

James A. Read , Attorney, Surface Transportation Board, argued the cause for respondent. With him on the brief were Robert B. Nicholson and John P. Fonte , Attorneys, U.S. Department of Justice, Craig M. Keats , Deputy General Counsel, Surface Transportation Board, and J. Frederick Miller, Jr. , Attorney. Ellen D. Hanson , General Counsel, entered an appearance.

Thomas W. Wilcox and David K. Monroe were on the brief for intervenor U.S. Magnesium, L.L.C. in support of respondent.

Opinion for the court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge.

US Magnesium, L.L.C. ("USM") operates a magnesium production facility in Rowley, Utah, and relies on the Union Pacific Railroad Company ("UP") to ship its chlorine co-product from Rowley to two receiving facilities in Arizona. In May 2009, USM filed a complaint before the Surface Transportation Board ("STB" or the "Board"), arguing that UP's rates for the two chlorine shipments, also called "movements," were unreasonably high. USM opted...

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