Western Coal Traffic League and Its Members v. United States of America and Interstate Commerce Commission

I dissent as to the Court’s holding “that the Commission’s rule allowing evidence of product and geographic competition in deciding whether a carrier has market dominance violates the limits contained in the statutory definition and is invalid,” and to the reasons assigned to that result.1

The Railroad Revitalization and Regulatory Reform Act of 1976 (“4R Act”) constitutes a dramatic shift in government control of our nation’s railroads, a shift “from reliance on government control to serve the public interest to reliance on market forces.” Morton, Contract Rates by Rail — A Tool in…