Legal Opinion
Otter Tail Power Co. v. Surface Transportation Board
Court of Appeals for the Eighth Circuit
Decided May 1, 2007No. 06-1962, 06-2412PublishedCited by 2 opinions
1Opinion of the Court
SMITH, Circuit Judge.
Otter Tail Power Company (“Otter Tail”) challenges the determination of the Surface Transportation Board (“the Board”) that rates proposed by Burlington Northern Santa Fe Railway (BNSF) were reasonable. We affirm.
I. Background
Otter Tail ships coal from its mining facility in Wyoming to South Dakota via BNSF. Otter Tab has no railroad transportation alternative to BNSF and is thus considered a captive shipper. Under federal law, railroad companies, or carriers, are required to charge captive shippers, such as Otter Tail, a reasonable rate. 49 U.S.C. § 10701(a). If a…
2Cases cited6 opinions
- Sims v. ApfelSupreme Court of the United States · 2000
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
- Department of Transportation v. Public CitizenSupreme Court of the United States · 2004
- Mausolf v. BabbittCourt of Appeals for the Eighth Circuit · 1997
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3Cited by2 opinions
- Village of Barrington v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2011
- Otter Tail Power Company v. Surface Transportation BoardCourt of Appeals for the Eighth Circuit · 2007