BNSF Railway will not get the chance to bring a coal rate case to the US Supreme Court after justices on Monday denied the railroad's petition for certiorari. BNSF was seeking to overturn a 2010 decision by a federal appeals court upholding a US Surface Transportation Board order requiring the railroad to pay more than $300 million in reparations to Basin Electric Power Cooperative and Western Fuels Association for unreasonable transportation costs to a Wyoming power plant.
The 2009 STB judgment against the railroad is the largest monetary fine ever ordered by the federal rail regulatory agency. A spokeswoman for BNSF Railway did not immediately return a call seeking comment. Continued