Legal Opinion

Association of American Railroads v. Surface Transportation Board

Court of Appeals for the D.C. Circuit

Decided October 8, 2002No. 01-1213PublishedCited by 2 opinions

1Opinion of the Court

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Association of American Railroads (AAR) challenges the Surface Transportation Board’s (STB) April 6, 2001 “corrected decision,” reaffirming its determination to exclude consideration of product and geographic competition from the market dominance analysis in rail rate cases. In Association of American Railroads v. Surface Transportation Board, 237 F.3d 676 (D.C.Cir.2001) (AAR v. STB I), we held that the Staggers Act definition of “market dominance” does not require the STB to consider indirect…

2Cases cited4 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Lashawn A. v. Marion S. Barry, Jr.Court of Appeals for the D.C. Circuit · 1996
  3. Western Coal Traffic League and Its Members v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1983
  4. Association of American Railroads v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2001

3Cited by2 opinions

  1. BNSF Railway Co. v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2006
  2. Assn Amer RR v. STBCourt of Appeals for the D.C. Circuit · 2002

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