Surface Transportation Board Testimony

In a March 2011 decision, the Surface Transportation Board, relying on the testimony of Compass Lexecon experts Professor Joseph Kalt and Dr. Glenn Mitchell, found that BNSF Railway’s coal containment polices were reasonable. Professor Kalt and Dr. Mitchell provided written testimony to the Board on behalf of BNSF in opposition to requests that certain of BNSF’s coal containment polices be deemed unreasonable. Their testimony focused on proper policymaking in situations of uncertainty, the appropriate application of the Precautionary Principle, and the role and limits of cost-benefit analyses. Professor Kalt and Dr. Mitchell concluded that the BNSF policy requiring shippers to contain (rather than clean up) coal dust emissions was a reasonable and efficient practice. Compass Lexecon worked with Sam Sipe and Tony LaRocca of Steptoe & Johnson, LLP. Professor Kalt and Dr. Mitchell were assisted by Catherine Barron of Compass Lexecon’s Washington, DC office.