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Legal Opinion

PPL Montana, LLC v. Surface Transportation Board

Court of Appeals for the D.C. Circuit

Decided February 17, 2006No. 04-1369PublishedCited by 12 opinions

1Opinion of the Court

BROWN, Circuit Judge:

PPL Montana, LLC (PPL) filed a complaint with the Surface Transportation Board, alleging the rail rates charged by intervenor BNSF Railway Company (BNSF) were unreasonably high. The Board disagreed and dismissed the complaint. PPL now petitions for review. Finding no basis for upsetting the Board’s decision, we deny the petition.

I

When a shipper files a rate complaint, see 49 U.S.C. §§ 10704(b), 11701, the Board is charged with determining whether the carrier targeted by the complaint has “market dominance,” id. § 10707(b)— that is, whether there is “an absence of…

2Cases cited11 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  4. Secretary of Agriculture v. United StatesSupreme Court of the United States · 1954
  5. Edwin I. Hatch v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1981

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

3Cited by12 opinions

  1. BNSF Railway Co. v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2008
  2. Nuvio Corporation v. Federal Communications Commission and United States of America, Verizon Telephone Companies and at & T Corporation, IntervenorsCourt of Appeals for the D.C. Circuit · 2007
  3. North America Freight Car Ass'n v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2008
  4. Otter Tail Power Co. v. Surface Transportation BoardCourt of Appeals for the Eighth Circuit · 2007
  5. Arizona Electric Power Cooperative, Inc. v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2006

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

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