Union Pacific Railroad v. Surface Transportation Board

Opinion for the court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge.

US Magnesium, L.L.C. (“USM”) operates a magnesium production facility in Rowley, Utah, and relies on the Union Pacific Railroad Company (“UP”) to ship its chlorine co-product from Rowley to two receiving facilities in Arizona. In May 2009, USM filed a complaint before the Surface Transportation Board (“STB” or the “Board”), arguing that UP’s rates for the two chlorine shipments, also called “movements,” were unreasonably high. USM opted to bring its challenge under the Three Benchmark framework set forth…