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BNSF Railway Co. v. Surface Transp. Bd.

Certiorari Denied

Petition for certiorari denied on May 16, 2011.

Docket No.10-742
Op. BelowD.C. Circuit

Issue

(1) Whether petitioner's argument challenging agency action was forfeited before the agency, when the agency had resolved the argument on its merits; and (2) whether the D.C. Circuit's decision conflicts with this Court's decision in Vermont Yankee Nuclear Power Corp. v. NRDC.

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