Legal Opinion

BNSF Railway Co. v. Surface Transportation Board

Court of Appeals for the D.C. Circuit

Decided June 16, 2006No. 05-1030PublishedCited by 22 opinions

1Opinion of the Court

GINSBURG, Chief Judge.

BNSF Railway Co. petitions for review of an order of the Surface Transportation Board rejecting as unreasonable certain rates the railroad charged the Public Service Company of Colorado, d/b/a Xcel Energy, to ship coal from the Powder River Basin in Wyoming to Xcel’s electric generating plant in Colorado. BNSF argues first the Board should have dismissed the rate proceeding three years after the complaint was filed, pursuant to the limitation in 49 U.S.C. § 11701(c). In the alternative BNSF argues we should, for a number of reasons, set aside the Board’s order as…

2Cases cited18 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  3. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
  4. Lorillard v. PonsSupreme Court of the United States · 1978
  5. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952

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3Cited by22 opinions

  1. Myersville Citizens for a Rural Community, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2015
  2. Consolidated Rail Corp. v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2009
  3. BNSF Railway Co. v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2008
  4. SoundExchange, Inc. v. Copyright Royalty Bd.Court of Appeals for the D.C. Circuit · 2018
  5. BNSF Railway Co. v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2010

17 more not listed; retrieve them via the Exa API.

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