BNSF RY. CO. v. HIETT

No. 21-6000, No. 21-6005.

22 F.4th 1190 (2022)

BNSF RAILWAY COMPANY, a Delaware corporation, Plaintiff-Appellee, v. Todd HIETT, in his capacity as Chairman of the Oklahoma Corporation Commission; Bob Anthony, in his capacity as Vice Chairman of the Oklahoma Corporation Commission; Dana Murphy, in her capacity as Commissioner of the Oklahoma Corporation Commission, Defendants-Appellants, and City of Edmond, an Oklahoma municipal corporation; City of Davis, an Oklahoma municipal corporation, Defendants, and Mike Hunter, in his official capacity as Attorney General of the State of Oklahoma, Intervenor Defendant-Appellant. BNSF Railway Company, a Delaware corporation, Plaintiff-Appellee, v. City of Davis, an Oklahoma municipal corporation; City of Edmond, an Oklahoma municipal corporation, Defendants-Appellants, Todd Hiett, in his capacity as Chairman of the Oklahoma Corporation Commission; Bob Anthony, in his capacity as Vice Chairman of the Oklahoma Corporation Commission; Dana Murphy, in her capacity as Commissioner of the Oklahoma Corporation Commission, Defendants, and Mike Hunter, in his official capacity as Attorney General of the State of Oklahoma, Intervenor Defendant.

United States Court of Appeals, Tenth Circuit.

FILED January 11, 2022.


Attorney(s) appearing for the Case

Bryan Cleveland , Assistant Solicitor General ( Mike Hunter , Attorney General of Oklahoma, and Mithun Mansinghani , Solicitor General with him on the briefs), Oklahoma City, Oklahoma for Defendants-Appellants.

R. Richard Love, III , Conner & Winters, LLP ( C. Austin Birnie and J. Dillon Curran with him on the brief), Tulsa, Oklahoma for Plaintiff-Appellee.

Before MATHESON, PHILLIPS, and CARSON, Circuit Judges.


Congress enacted the Interstate Commerce Commission Termination Act ("ICCTA") to establish an exclusive federal scheme of economic regulation for railroad transportation. The ICCTA created the Surface Transportation Board ("STB" or the "Board") and vests it with exclusive jurisdiction over railroad operations. 49 U.S.C. &...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases