Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

North America Freight Car Association v. Surface Transportation Board

The D.C. Circuit denied a petition for review of an order of the Surface Transportation Board. The petitioner, a trade association of companies that use private railroad freight cars to transport goods on track owned by railroads, sought review of a board decision denying the petitioner's challenge to certain "storage" and "demurrage" charges, arguing that the charges violated three provisions of the Interstate Commerce Commission Termination Act of 1995.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued March 14, 2008

Before: HENDERSON, BROWN and KAVANAUGH, Circuit Judges.

The petitioner is North America Freight Car Association (NAFCA), a trade association of companies that use private railroad freight cars (i.e., cars that are owned or leased by the companies themselves or by other private shippers rather than by the railroad) to transport goods on track owned by railroads. NAFCA seeks review of a decision of the Surface Transportation Board (STB, Board) denying NAFCA’s challenge to “storage” and “demurrage”*fn1 charges (collectively 2001 Charges), which the Burlington Northern and Santa Fe Railway Company-now BNSF Railway Company (BNSF)-imposed in 2001 for empty private freight cars that remain on BNSF tracks beyond a base “free time” period (ranging from one to five days). See N. Am. Freight Car Ass’n v. BNSF Ry., STB Docket No. 42060 (Sub-No. 1), 2007 WL 201203 (served Jan. 26, 2007) (STB Dec.). NAFCA petitions for review on the ground that BNSF’s charges violate three provisions of the Interstate Commerce Commission Termination Act of 1995 (ICCTA):*fn2 (1) 49 U.S.C. § 10702(2), which requires that a railroad “establish reasonable . . . practices” related to transportation and service; (2) 49 U.S.C. § 10746, which requires that demurrage charges fulfill two enumerated objectives; and (3) 49 U.S.C. § 10745, which authorizes a rail carrier to compensate a shipper for providing a service related to transportation. For the reasons set out below, we deny NAFCA’s petition.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...


Apply Now ›
COMMERCIAL REAL ESTATE PARALEGAL

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›
ENVIRONMENT & ENERGY ASSOCIATE

McCarter & English, LLP is actively seeking an associate the to join its Environment & Energy Practice Group in Newark, NJ. Candida...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements