United States DC Circuit

A petition for review the Surface Transportation Board's (STB) dismissal of petitioner's challenge to the joint rate charged by certain railroads to transport coal from mines to petitioner's power plant is denied over claims that the Board impermissibly deviated from past decisions of the STB and of its predecessor, that an earlier decision should be accorded no deference, and that a new rule of the STB was arbitrary and capricious.

Appellate Information

• Argued 03/13/2006
• Decided 07/18/2006
• Published 07/18/2006

Judges

• Before:  HENDERSON and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William L. Slover argued the cause for the petitioner.  Robert D. Rosenberg and Andrew B. Kolesar, III were on brief., Carolyn F. Corwin, David L. Meyer, Michael L. Rosenthal, J. Michael Hemmer, Louise A. Rinn, Samuel M. Sipe, Jr., Anthony J. LaRocca, Richard E. Weicher and Michael E. Roper were on brief for the intervenors.  Alice E. Loughran entered an appearance.


• For Appellees:
  
• Thomas J. Stilling, Attorney, Surface Transportation Board, argued the cause for the respondent.  Thomas O. Barnett, Acting Assistant Attorney General, and Robert B. Nicholson and John P. Fonte, Attorneys, United States Department of Justice, and Ellen D. Hanson, General Counsel, and Rachel Danish Campbell, Attorney, Surface Transportation Board, were on brief.