Association of American Railroads v. Public Service Commission

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on cross motions for partial summary judgment filed by the plaintiff, Association of American Railroads (hereinafter, “AAR”), the defendants Public Service Commission of West Virginia (hereinafter, “PSC”), and its members Michael D. Greer, Otis D. Casto, and Charlotte R. Lane, and the intervening defendant, West Virginia Coal Association (hereinafter, “WVCA”), with respect to the *1189intrastate component of the supremacy clause challenge contained in count I of the amended complaint; and the motion for judgment on the…