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STB: Oral arguments to begin in major cases  

NITL (The National Industrial Transportation League) -- Logistics Management, 10/12/2009

Surface Transportation Board (STB) Chairman Daniel Elliott said October 7 his agency will begin holding public oral arguments in major cases.

The STB said in a press release the oral arguments will give parties an opportunity to directly address commissioners and allow them a chance to ask questions before making a decision. The format will be similar to oral arguments held in federal appellate courts. While the proceedings will be open to the public, only counsel for the parties will be allowed to present arguments.

“This is another way to demystify the process,” said Elliott. The STB release said the new chairman “has made bringing additional openness and transparency to STB decision-making a priority.” Elliott added that hearing from parties directly and having the opportunity to ask them questions will help STB officials make better decisions.

Elliott said he plans to review other agency policies and procedures to make sure they are as inclusive and open as possible, and he plans to make oral arguments “a regular part of the decision process on selected cases.”

 The first scheduled oral argument will be on October 27 at 9:30 a.m. at STB headquarters in Washington. The STB will hear arguments in two proceedings: Entergy Arkansas and Entergy Services v. Union Pacific Railroad Company and Missouri & Northern Arkansas Railroad Company; and DesertXpress Enterprises — Petition for Declaratory Order.

Oral arguments also are scheduled for November 23, but a list of cases to be argued has not been finalized.

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