Repeal of Prohibition of Railroad Ownership of Coal Leases: Hearings Before the Subcommittee on Energy and Mineral Resources of the Committee on Energy and Natural Resources, United States Senate, Ninety-seventh Congress, First Session, on S. 1542 ... September 11 and October 1, 1981U.S. Government Printing Office, 1981 - 508 páginas |
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Página 17
... rail network itself was not as great as it is now , and the railroads in comparison with our other industries were ... railway ownership of coal puts a railroad in a position to frustrate effective ICC regulations and to extract in the ...
... rail network itself was not as great as it is now , and the railroads in comparison with our other industries were ... railway ownership of coal puts a railroad in a position to frustrate effective ICC regulations and to extract in the ...
Página 27
... Rail Act would , in gen- eral , increase competition in rail carriage . I expect in general that it will . On the other hand , it does give the railroads somewhat more freedom in certain contexts and it is entirely possible that an ...
... Rail Act would , in gen- eral , increase competition in rail carriage . I expect in general that it will . On the other hand , it does give the railroads somewhat more freedom in certain contexts and it is entirely possible that an ...
Página 41
... Rail Act of 1980 . The Justice Department's Report assumed , for purposes of its study , that ICC railroad regulation was not sufficient to prevent a railroad from using its transportation positon to benefit its coal interests if it ...
... Rail Act of 1980 . The Justice Department's Report assumed , for purposes of its study , that ICC railroad regulation was not sufficient to prevent a railroad from using its transportation positon to benefit its coal interests if it ...
Página 50
... rail rates were significantly increased . It notes that the Staggers Act will facilitate this sanguine effect . What DOJ forgets is that a railroad in this position might increase its competitive advantage for the simple reason that the ...
... rail rates were significantly increased . It notes that the Staggers Act will facilitate this sanguine effect . What DOJ forgets is that a railroad in this position might increase its competitive advantage for the simple reason that the ...
Página 51
... rail lines west . Section 2 ( c ) effectively prevents the railroads from " filling in the squares " by limiting their involvement in coal leasing and development . The Justice Department has traditionally interpreted this provision to ...
... rail lines west . Section 2 ( c ) effectively prevents the railroads from " filling in the squares " by limiting their involvement in coal leasing and development . The Justice Department has traditionally interpreted this provision to ...
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Términos y frases comunes
acreage acres anticompetitive bidding bill Burlington Northern Chairman checkerboard areas checkerboarded lands coal companies coal deposits coal development coal industry coal lands coal producers coal reserves coal slurry pipelines coal transportation coal-by-wire committee Commodities Clause common carrier railroad competition Cong Congress Department of Justice dominate eminent domain federal coal leases federal leases feet gentleman interest Interior joint venture Justice Department land grant lease federal coal lease sales leasing to railroads lessee market power million tons Mineral Leasing Act monopoly Montana North Dakota ownership percent Powder River Basin present prohibition rail transportation railroad affiliates railroad coal railroad company rates Red Rim tract regulation repeal of Section restriction Rocky Mountain Energy royalty Santa Fe Seam Section 2(c Senator WARNER shippers Staggers Rail Act Subcommittee subsidiary tion transportation of coal U.S. Geological Survey Union Pacific Union Pacific Railroad unit-train utilities western coal Wyoming
Pasajes populares
Página 305 - From and after May first, nineteen hundred and eight, it shall be unlawful for any railroad company to transport from any State, Territory, or the District of Columbia to any other State, Territory, or the District of Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced by it, or under its authority, or which it may own in whole, or in part, or in which it...
Página 288 - When the carrier at the time of transportation has an interest, direct or indirect, in a legal or equitable sense in the article or commodity, not including, therefore, articles or commodities manufactured, mined, produced or owned, etc., by a bona fide corporation in which the railroad company is a stockholder.
Página 148 - Commission as to whether the transfer of the license would create or maintain a situation inconsistent with the antitrust laws.
Página 254 - That no company or corporation operating a common carrier railroad shall be given or hold a permit or lease under the provisions of this Act for any coal deposits except for its own use for railroad purposes ; and such limitations of use shall be expressed in all permits and leases issued to such companies or corporations, and no such company or corporation shall receive or hold...
Página 289 - Considering former rulings, it is impossible for us now to declare as matter of law that every company all of whose shares are owned by a holding company necessarily becomes an agent, instrumentality, or department of the latter. Whether such intimate relation exists is a question of fact to be determined upon evidence.
Página 303 - ... under this Act, or which, together with any other interest or interests, as a member of an association or associations or...
Página 118 - Pacific Railroad Company," its successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line to the Pacific coast, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores over the route of said line of railway...
Página 288 - We then construe the statute as prohibiting a railroad company engaged in interstate commerce from transporting in such commerce articles or commodities under the following circumstances and conditions: a. When the article or commodity has been manufactured, mined or produced by a carrier or under its authority, and at the time of transportation the carrier has not in good faith before the act of transportation dissociated itself from such article or commodity; b. When the carrier owns the article...
Página 290 - It Is the Government's contention that the Elgin decision misconstrued the act, misunderstood its legislative history and misapplied the Court's own prior decisions. It is not necessary in the view we take of the case to decide to what extent, if any, these contentions are correct. It is enough to say that if the Elgin case were before us as a case of first impression, its doctrine might not now be approved. But we do not write on a clean slate.
Página 288 - Any other view of the act will enable the transporting railroad company, by one device or another, to defeat altogether the purpose which Congress had in view, which was to divorce, in a real, substantial sense, production and transportation, and thereby to prevent the transporting company from doing injustice to other owners of coal.