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United States DC Circuit


CSX Transp., Inc. v. STB, 07-1369

In petitions for review of a Surface Transportation Board regulation that provided two simplified methods for resolving rail rate disputes too small to bring under ordinary procedures, the petitions are granted where, in violation of the Administrative Procedure Act, the Board's Notice of Proposed Rulemaking failed to give notice of a significant change that surfaced only in the final rule. (Superseding opinion)

Appellate Information

  • Argued 04/07/2009
  • Decided 10/23/2009
  • Published 10/23/2009

Judges

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

Court

  • United States DC Circuit

Counsel

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