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BNSF Ry. Co. v. Surface Transp. Bd.

ELR Citation: 36 ELR 20114
Nos. No. 05-1030, (D.C. Cir., 06/16/2006)

The court denies a railway company's petition for review of a Surface Transportation Board order rejecting as unreasonable certain rates the railroad charged to a company to ship coal. The board issued its ruling three-and-one-half years after a complaint was filed. Because 49 U.S.C. §11701(c) provides for a three-year limitations period, the railway company argues that the board should have dismissed the rate proceeding three years after the complaint was filed. But even if the three-year limitation applies, the company did not raise the point until long after three years had elapsed and the board had ruled. Thus, the company forfeited this argument. And because all of its remaining arguments lack merit, the petition is dismissed.