United States DC Circuit
BNSF Rwy. Co. v. Surface Transp. Bd., 09-1092
In a petition for review of the decision of the Surface Transportation Board (Board) that rates challenged in 2004 by fuel companies were unreasonably high maximum reasonable rates, prescribing future maximum rates, and ordering petitioner to pay reparations, the petition is granted in part where the Board failed appropriately to consider economies of density and artificially inflated the revenues attributable to the stand-alone railroad at issue. However, the petition is denied in part where: 1) petitioner forfeited its statutory argument by failing to raise it in a timely manner before the Board; and 2) the Board's determination invoked its expertise, and the court found no fault with the Board's reasoning.
Appellate Information
- Decided 05/11/2010
- Published 05/11/2010
Judges
Court
- United States DC Circuit