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BNSF RY. CO. v. SURFACE TRANSP. BD.

No. 12-1327.

741 F.3d 163 (2014)

BNSF RAILWAY COMPANY, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Basin Electric Power Cooperative, Inc. and Western Fuels Association, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 2014.

Attorney(s) appearing for the Case

Richard P. Bress argued the cause for petitioner. With him on the briefs were Michael J. Gergen , Lori Alvino McGill , Paul T. Crane , Richard E. Weicher , Samuel M. Sipe, Jr. , and Anthony J. LaRocca .

Erik G. Light , Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Nickolai G. Levin , Attorneys, Raymond A. Atkins , General Counsel, Surface Transportation Board at the time the brief was filed, and Craig M. Keats , Deputy General Counsel.

John H. LeSeur argued the cause for intervenors. With him on the brief were Christopher A. Mills and Peter A. Pfohl .

Before: KAVANAUGH, Circuit Judge, and SENTELLE and RANDOLPH, Senior Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

Dissenting opinion filed by Senior Circuit Judge RANDOLPH.

SENTELLE, Senior Circuit Judge:

BNSF Railway Company ("BNSF") petitions for review of the decision of the Surface Transportation Board ("Board") to adhere to a revenue-allocation methodology known as Modified ATC in determining that the rates BNSF charged Western Fuels Association, Inc....

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