Sidley Secures Appellate Decision Vacating Surface Transportation Board’s Reciprocal Switching Rule

On July 8, 2025, the U.S. Court of Appeals for the Seventh Circuit issued a decision vacating a Surface Transportation Board (STB) rule that would have created a new avenue for shippers to obtain STB orders for forced reciprocal switching. Sidley represented a coalition of three railroads who challenged the lawfulness of the final rule.

The Sidley team argued, and the Court held, that the final rule exceeded the STB’s statutory authority because the rule would have allowed the STB to impose a reciprocal switching agreement without making a threshold, finding that the shipper is receiving inadequate service.

The Sidley team was led by Raymond Atkins, who argued the case, and included Matt Warren, Allison Davis, Tobias Loss-Eaton, Morgan Lindsay, Stephen Laudone, and David Kinnaird.