Wednesday, February 17, 2010
UP Seeks Review of STB USM Ruling
The Surface Transportation Board web page announced today that they had been served notice that the Union Pacific Railroad Company (UP) had filed a court action in the US Court of Appeals for the District of Columbia seeking a judicial review of the Boards recent decision in the matter of US Magnesium (USM) vs UP (STB Docket NOR 42114). Readers of this blog will recall that the original complaint by USM complained about the high rates they were forced to pay for the rail transport of chlorine from their facility in Utah. The case was decided earlier this month in USM’s favor. UP had complained that the Boards decision had been based upon an arbitrary and unfair decision about which rate comparisons were used to determine whether the rates were excessive. I haven’t read the actual complaint from the Court of Appeals, but that is probably the basis of this action. The chlorine rail transport rate issue continues.