Download this Paper Open PDF in Browser

Captive Regulators, Captive Shippers: The Legacy of Mccarty Farms

Montana Law Review, Vol. 70, p. 239, 2009

34 Pages Posted: 10 Jun 2010  

Anthony Johnstone

University of Montana School of Law

Date Written: August 2009

Abstract

Thirty years ago, Congress reoriented the Interstate Commerce Commission to protect railroads in addition to shippers. Part I of this article describes the circumstances behind this regulatory shift and the regime it produced. Part II explains both the development and failure of the new regime in a case brought by a group of Montana wheat and barley farmers, McCarty Farms, Inc. v. Burlington Northern, Inc. Part III describes the termination of the Commission and the attempts of the newly created Surface Transportation Board to correct the regulatory failure of McCarty Farms. Part IV explains the impact of the new regime on railroads and grain shippers, and discusses procedural lessons from McCarty Farms that may guide future reforms of the Surface Transportation Board and other regulatory institutions.

Keywords: Regulated Industries, Interstate Commerce Commission, Surface Transportation Board, Railroads, Agriculture

JEL Classification: K23, L92

Suggested Citation

Johnstone, Anthony, Captive Regulators, Captive Shippers: The Legacy of Mccarty Farms (August 2009). Montana Law Review, Vol. 70, p. 239, 2009. Available at SSRN: https://ssrn.com/abstract=1604922

Anthony Johnstone (Contact Author)

University of Montana School of Law ( email )

Missoula, MT 59812-0002
United States

HOME PAGE: http://www.umt.edu/LAW/

Paper statistics

Downloads
41
Abstract Views
938