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WESTERN COAL TRAFFIC LEAGUE v. SURFACE TRANSP. BD.

No. 20-1058.

998 F.3d 945 (2021)

WESTERN COAL TRAFFIC LEAGUE, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 2021.

Attorney(s) appearing for the Case

William L. Slover argued the cause for petitioner. With him on the briefs were John H. LeSeur and A. Rebecca Williams .

Erik G. Light , Attorney, Surface Transportation Board, argued the cause for respondents. With him on the joint brief were Michael F. Murray , Deputy Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson , Attorney, Craig M. Keats , General Counsel, Surface Transportation Board, and Anika S. Cooper , Deputy General Counsel. Kathleen S. Kiernan , Attorney, U.S. Department of Justice, entered an appearance.

Dissenting opinion filed by Circuit Judge Wilkins.

The Surface Transportation Board deadlocked 1-1-1 on what, if anything, to do about an existing rule governing rail carrier fuel surcharges. After five years with no majority position on how to proceed, the Board unanimously voted to discontinue its Advanced Notice of Proposed Rulemaking (ANPRM) in the interest of...

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