Association of American Railroads v. Surface Transportation Board
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.
KAREN LeCRAFT HENDERSON:
The Association of American Railroads (AAR) and Union Pacific Railroad Company (Union Pacific) challenge a Surface Transportation Board (STB) rulemaking which altered the Board’s guidelines for finding that a particular rail carrier enjoys “market dominance,” a statutory prerequisite to hearing a railroad rate challenge. Before the rulemaking the guidelines required that the Board, in making the market dominance determination, consider both “direct” competition to the challenged carrier, by shippers…
2Cases cited4 opinions
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- Wyoming Outdoor Council v. United States Forest ServiceCourt of Appeals for the D.C. Circuit · 1999
- Western Coal Traffic League and Its Members v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1983
- Western Coal Traffic League,petitioners v. Surface Transportation Board and United States of America, Norfolk Southern Corporation, IntervenorsCourt of Appeals for the D.C. Circuit · 2000
3Cited by6 opinions
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- Assn Amer RR v. STBCourt of Appeals for the D.C. Circuit · 2001
- Assn Amer RR v. STBCourt of Appeals for the D.C. Circuit · 2002
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