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

Nos. 12-1042, 12-1045, 12-1046, 12-1246.

748 F.3d 1295 (2014)

BNSF RAILWAY COMPANY, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents Arizona Electric Power Cooperative, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 2014.

Attorney(s) appearing for the Case

Michael L. Rosenthal argued the cause for petitioners BNSF Railway Company and Union Pacific Railroad Company. With him on the briefs were Carolyn F. Corwin , Henry B. Liu , Gayla L. Thal , Louise A. Rinn , Danielle E. Bode , Samuel M. Sipe, Jr. , Anthony J. LaRocca , Linda S. Stein , Richard E. Weicher , and Jill K. Mulligan.

Robert D. Rosenberg argued the cause for petitioner Arizona Electric Power Cooperative, Inc. With him on the briefs were William L. Slover , Christopher A. Mills , and Daniel M. Jaffe.

James A. Read , 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 at the time the brief was filed, Surface Transportation Board, and Craig M. Keats , Deputy General Counsel. John P. Fonte , Attorney, entered an appearance.

Carolyn F. Corwin , Michael L. Rosenthal , Henry B. Liu , Gayla L. Thal , Louise A. Rinn , Danielle E. Bode , Samuel M. Sipe, Jr. , Anthony J. LaRocca , Linda S. Stein , Richard E. Weicher , and Jill K. Mulligan were on the brief for intervenors BNSF Railway Company and Union Pacific Railroad Company.

William L. Slover , Robert D. Rosenberg , Christopher A. Mills , and Daniel M. Jaffe were on the brief for intervenor Arizona Electric Power Cooperative, Inc.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Congress has directed an independent agency, the Surface Transportation Board, to ensure that railroads with market dominance charge reasonable rates to shippers. To assess whether a dominant railroad's rate is reasonable, the Board employs a sophisticated methodology derived from economic principles. If the Board determines that the current rate is not reasonable, the Board sets the maximum rate that the railroad may charge. In setting the...

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