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CSX TRANSP., INC. v. SURFACE TRANSP. BD.

No. 13-1230.

754 F.3d 1056 (2014)

CSX TRANSPORTATION, INC. and Norfolk Southern Railway Company, Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 2014.

Attorney(s) appearing for the Case

G. Paul Moates argued the cause for petitioners. With him on the briefs were Paul A. Hemmersbaugh , Matthew J. Warren , Peter J. Shudtz , Paul R. Hitchcock , and John M. Scheib.

Michael L. Rosenthal , Carolyn F. Corwin , and Louis P. Warchot were on the brief for amicus curiae Association of American Railroads in support of petitioners.

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, Kristen C. Limarzi , Chief, Appellate Section, Shana M. Wallace , Attorney, and Craig M. Keats , General Counsel, Surface Transportation Board. Robert B. Nicholson , Attorney, U.S. Department of Justice, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge:

In July 2013, the Surface Transportation Board issued a decision modifying its procedures for rate reasonableness cases. See Rate Regulation Reforms ("Decision"), STB Ex Parte No. 715 (served July 18, 2013). CSX challenges the decision on four grounds, three of which we reject. We reject CSX's argument that the Board violated its statutory mandate when it made simplified procedures available for all cases. We also conclude...

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