Eversheds Sutherland Coop Law Blog
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Petition to Stay Coal Dust Tariff Denied

On Wednesday, the Surface Transportation Board denied a Western Coal Traffic League (WCTL) petition requesting the Board to stay the effective date of a BNSF Railway Company tariff. Arkansas Electric Cooperative Corporation was among those filing statements in support of the WCTL petition. The coal dust tariff will limit the amount of coal dust flying from trains leaving mines in...

U.S. Supreme Court Affirms $345 Million Payment to Coops

On May 16, the U.S. Supreme Court declined to hear BNSF Railway Company’s appeal of a 2009 Surface Transportation Board decision, which required BNSF to pay $345 million to Basin Electric Power Cooperative, based in Bismarck, North Dakota; other participants in the Missouri Basin Power Project; and a fuel supply cooperative. A federal appeals court previously affirmed the board’s...

Surface Transportation Board Dismisses Part of Complaint Against Union Pacific

The Surface Transportation Board has agreed to dismiss part of Arizona Electric Power Cooperative, Inc.’s (AEPCO) coal rate complaint against Union Pacific Railroad (UP). On March 24, AEPCO notified the board that it had settled a lawsuit with UP and asked the board to dismiss the sub-docket portion of the rate case. The sub-docket concerned a dispute between AEPCO and UP over...

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