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- Title
Life in the Fast Lane: Expediting Rate Cases While Preserving the Sound Economic Principles of the Surface Transportation Board’s Rate Regulatory Regime.
- Authors
Scheib, John M.; Thamodaran, Aarthy S.
- Abstract
The United States Surface Transportation Board (“STB” or “Board”) has been investigating how to expedite certain proceedings that come before it. In particular, the Board has occasionally expressed concern that proceedings to evaluate the reasonableness of certain rates charged by railroads for the transportation of regulated shipments take too long to adjudicate. Recently, Congress enacted the Surface Transportation Board Reauthorization Act of 2015, which included a provision that required the STB to “initiate a proceeding to assess procedures that are available to parties in litigation before courts to expedite such litigation and the potential application of any such procedures to rate cases.”* 1 Accordingly, the STB has sought public input regarding the tools used by courts to expedite legal proceedings in the hopes of identifying some tricks of the trade that might be applicable to these STB proceedings. This Article explores some of the most fruitful tools used by courts to expedite litigation and their potential applicability to STB rate reasonableness proceedings. This Article concludes that there are several tools used by courts to expedite litigation that could be used to expedite rate reasonableness proceedings, but that their success ultimately turns on whether the STB is willing to be an active case manager. Being an active case manager presents political risks and scrutiny for the STB from which courts are immune.
- Subjects
UNITED States. Surface Transportation Board; RAILROADS; COURTS; NORFOLK Southern Railway Co.; CSX Transportation Inc.; ACTIONS &; defenses (Law)
- Publication
Transportation Law Journal, 2017, Vol 44, Issue 1, p1
- ISSN
0049-450X
- Publication type
Article