CSX Transp., Inc. v. STB, No. 07-1369

In petitions for review of a Surface Transportation Board regulation that provided two simplified methods for resolving rail rate disputes too small to bring under ordinary procedures, the petitions are granted where, in violation of the Administrative Procedure Act, the Board's Notice of Proposed Rulemaking failed to give notice of a significant change that surfaced only in the final rule.  (Superseding opinion)

Read CSX Transp., Inc. v. STB, No. 07-1369

Appellate Information

Argued April 7, 2009

Decided October 23, 2009

Judges

Opinion by Judge Tatel