Representative Engagements

Federal Court Proceedings


BNSF Railway v. Surface Transportation Board, 604 F.3d 602 (D.C. Cir. 2010), cert. denied, 131 S. Ct. 2441 (2011)

Burlington Northern & Santa Fe Railway v. Public Service Co. of Oklahoma, Case No. 09-5133 (10th Cir. 2010)

AEP Texas North Co. v. Surface Transportation Board, 609 F.3d 432 (D.C. Cir. 2010)

Bonneville Power Admin. v. Federal Energy Regulatory Commission, 422 F.3d 908 (9th Cir. 2005)

Western Coal Traffic League v. Surface Transportation Board, 216 F.3d 1168 (D.C. Cir. 2000)

Entergy Services, Inc. & Entergy Arkansas, Inc. v. Union Pacific Railroad, 35 F. Supp. 2d 746 (D. Neb. 1999)

MidAmerican Energy Co. v. Surface Transportation Board, 169 F.3d 1099 (8th. Cir. 1999) (“Bottleneck Case”)

Burlington Northern Railroad v. Surface Transportation Board, 75 F.3d 685 (D.C. Cir. 1996)

Brotherhood of Railroad Signalmen v. Interstate Commerce Commission, 63 F.3d 638 (7th Cir. 1995)

Arizona Electric Power Coop., Inc. v. Berkeley, 59 F.3d 988 (9th Cir. 1995)

Missouri Mining v. Interstate Commerce Commission, 33 F.3d 980 (8th Cir. 1994)

Arizona Electric Power Coop., Inc. v. United States, 816 F.2d 1366 (9th Cir. 1987)

Coal Exporters Association v. United States, 745 F.2d 76 (D.C. Cir. 1984)

Burlington Northern Inc. v. United States, 459 U.S. 131 (1982)

 

STB & ICC Proceedings


Cargill, Inc. v. BNSF Railway, Surface Transportation Board Docket No. 42120 (decision pending)

Western Coal Traffic League – Petition for Declaratory Order, Surface Transportation Board Finance Docket No. 35506 (decision pending)

Competition in the Rail Industry, Surface Transportation Board Ex Parte No. 705 (decision pending)

Arizona Electric Power Coop., Inc. v. BNSF Railway & Union Pacific Railroad, Surface Transportation Board Docket No. 42113 (STB served Nov. 22, 2011)

Western Fuels Association & Basin Electric Corp. v. BNSF Railway, Surface Transportation Board Docket No. 42088 (STB served Feb. 18, 2009)

Kansas City Power & Light Co. v. Union Pacific Railroad, Surface Transportation Board Docket No. 42095 (STB served May 19, 2008)

Texas Municipal Power Agency v. Burlington Northern & Santa Fe Railway, Surface Transportation Board Docket No. 42056 (STB served March 24, 2003)

Wisconsin Power & Light Co. v. Union Pacific Railroad, Surface Transportation Board Docket No. 42051 (STB served Sept. 13, 2001)

CSX Corp. & CSX Transportation, Inc., Norfolk Southern Corp. & Norfolk Southern Railway – Control & Operating Leases/Agreements – Conrail Inc. & Consolidated Rail Corp., Surface Transportation Board Finance Docket No. 33388 (STB served July 23, 1998)

Arizona Public Service Co. & Pacificorp v. The Atchison, Topeka & Santa Fe Railway, Surface Transportation Board Docket No. 41185 (STB served July 29, 1997)

West Texas Utilities Co. v. Burlington Northern Railroad, Surface Transportation Board Docket No. 41191 (STB served May 3, 1996), aff'd sub nom. Burlington Northern Railroad v. Surface Transportation Board, Case No. 96-1229 (D.C. Cir. May 23, 1997)

Union Pacific Corp. – Control & Merger – Southern Pacific Rail Corp., Surface Transportation Board Finance Docket No. 32760 (STB served Aug. 12, 1996)

Burlington Northern Railroad – Control & Merger – Atchison, Topeka & Santa Fe Railway, 10 I.C.C.2d 661 (1995) 

Wilmington Terminal Railroad, Inc. – Purchase & Lease, 6 I.C.C.2d 799 (1990), aff'd sub nom. Railway Labor Executives Assoc. v. Interstate Commerce Commission, 930 F.2d 511 (6th Cir. 1991) 

San Antonio, Texas v. Burlington Northern Railroad, 1 I.C.C.2d 561 (1986)

 

FERC Proceedings (Electric)


Bonneville Power Admin. v. Federal Energy Regulatory Commission, 422 F.3d 908 (9th Cir. 2005)

FERC Docket No. EL00-95-248, San Diego Gas & Electric Co. v. Sellers of Energy and Ancillary Services into Markets Operated by the California Independent Operator Corporation and the California Power Exchange (California Refund Proceedings)

FERC Docket Nos. RM95-8-000 and RM94-7-001, Promoting Wholesale Competition Through Open Access Non-discriminatory Transmission Services by Public Utilities (“Order No. 888”)

FERC Docket No. RM 99-2-000, Regional Transmission Organizations (“Order No. 2000”) 

FERC Docket No. RM10-11-000, Integration of Variable Energy Resources

FERC Docket No. RM05-30-001, Rules Concerning Certification of the Electric Reliability Organization; and Procedures for the Establishment, Approval and Enforcement of Electric Reliability Standards

FERC Docket No. RR06-1-000, North American Reliability Council and North American Reliability Corporation

FERC Docket No. RR06-1-003, Mandatory Reliability Standards for the Bulk-Power System

FERC Docket No. RM06-16-00, Mandatory Reliability Standards for the Bulk-Power System

FERC Docket No. RM06-22-000, Mandatory Reliability Standards for Critical Infrastructure Protection

FERC Docket No. RM07-3-000, Facilities Design, Connections and Maintenance Reliability Standards

FERC Docket Nos. ER-06-615-000 and ER02-1656-032, California Independent System Operator Corporation

FERC Docket Nos. ER01-1663, EL01-62 and NJ01-3, Sierra Southwest Cooperative Services, Inc., and Southwest Transmission Cooperative, Inc. (market-based rate authority for a non-RUS-financed cooperative and safe harbor open access reciprocity tariff)

SEC No-Action Letter under Public Utility Holding Company Act of 1935, File No. 132-3

FERC Docket No. NJ06-5-000, Southwest Transmission Cooperative, Inc.

FERC Docket No. NJ07-7-000, Southwest Transmission Cooperative, Inc., Update of Safe Harbor Reciprocity OATT Transmission Rates

FERC Docket No. NJ06-1-000, Southwest Transmission Cooperative, Inc.

FERC Docket No. ER06-259-000, Southern California Edison

 

FERC Proceedings (Gas)


FERC Docket No. RP10-1398-000, El Paso Natural Gas Company

FERC Docket No. RP08-426-000, El Paso Natural Gas Company

FERC Docket No. RP05-422, El Paso Natural Gas Company

FERC Docket No. RM96-1, Standards for Business Practices for Interstate Natural Gas Pipelines

FERC Docket No. RP95-363, El Paso Natural Gas Company

FERC Docket No. RM91-11-000, Pipeline Service Obligations and Revisions to Regulations Governing Self-Implementing Transportation Under Part 284 of the Commission’s Regulations (Order No. 636)

FERC Docket No. RP03-356-000, Southern Star Central Gas Pipeline, Inc.

FERC Docket No. RP02-179-000, Williams Gas Pipelines Central, Inc.