United States DC Circuit

The decision of the Surface Transportation Board to vacate the rate prescription governing the transportation of coal is reversed where the explanation for disparate treatment of shippers and carriers, bound by the same rate prescription, is arbitrary and capricious.

Appellate Information

• Argued 02/16/2005
• Decided 04/08/2005
• Published 04/08/2005

Judges

• Before:  ROGERS, TATEL and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Samuel M. Sipe, Jr. argued the cause for petitioner.   With him on the briefs were Alice E. Loughran, Richard E. Weicher, and Michael E. Roper., Kelvin J. Dowd argued the cause for intervenor.   With him on the brief were Karen H. Herren, William L. Slover, and Kendra A. Ericson.


• For Appellees:
  
• Rachel Danish Campbell, Attorney, Surface Transportation Board, argued the cause for respondents.   With her on the brief were Robert H. Pate, III, Assistant Attorney General, Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, Deputy General Counsel, Surface Transportation Board, and Thomas J. Stilling, Attorney.