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Legal Opinion

AEP Texas North Co. v. Surface Transportation Board

Court of Appeals for the D.C. Circuit

Decided June 18, 2010No. 09-1202PublishedCited by 8 opinions

1Opinion of the Court

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

AEP Texas (AEPT), an electric utility company, uses railroads owned by BNSF Railway Company (BNSF) to transport coal from mines in Wyoming to an electric generating station in Texas. BNSF exerts market dominance over the route used for this coal transportation, which renders the rates charged subject to review by the Surface Transportation Board (the Board). Under this authority, the Board has set a reasonable maximum rate for the transportation service since 1996. See W. Tex. Util. Co. v. Burlington N. R.R. Co., 1…

2Cases cited12 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  3. Retail, Wholesale and Department Store Union, Afl-Cio v. National Labor Relations Board, National Labor Relations Board v. Coca Cola Bottling Works, Inc.Court of Appeals for the D.C. Circuit · 1972
  4. City of Los Angeles v. United States Department of TransportationCourt of Appeals for the D.C. Circuit · 1999
  5. Consolidated Edison Co. of New York, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2003

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3Cited by8 opinions

  1. Humane Society of the United States v. Ryan Zinke (Lead)Court of Appeals for the D.C. Circuit · 2017
  2. Shands Jacksonville Med. Ctr., Inc. v. AzarCourt of Appeals for the D.C. Circuit · 2018
  3. Humane Society of the United States v. Ryan Zinke (Lead)Court of Appeals for the D.C. Circuit · 2017
  4. Office of the Commissioner of Baseball v. LOCCourt of Appeals for the D.C. Circuit · 2026
  5. Shands Jacksonville Medical Center, Inc. v. SebeliusDistrict Court, District of Columbia · 2018

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