Mulvey Eyes Change in STB’s Emphasis

As he settles in as the new head of the Surface Transportation Board, the changes that Francis P. Mulvey brings may be more of emphasis than direction.

Mulvey, a Democrat, on March 13 became the board’s acting chairman under a designation by President Obama, replacing Bush appointee Charles D. Nottingham as the chief economic regulator of railroads.

Nottingham is staying on as a regular board member for a term that expires at the end of 2010, so the two will continue working together.

That same day, W. Douglas Buttrey, another Republican who had been installed by President Bush, vacated the third board seat for now. He chaired the board for eight months in 2006 until Nottingham came aboard, working with Mulvey alone in that period to keep cases moving.

Mulvey told the Journal of Commerce that under him the board will continue much of its recent approach to agency operations and case procedures. However, “obviously there are concerns that might rise more to the fore under my chairmanship than, say, under the chairmanship of Mr. Buttrey or Mr. Nottingham.”

He said “I’ve been particularly concerned about environmental issues. And there were a number of cases where I dissented because I thought environmental issues were not accorded sufficient concern. So that’s more of my concern and I have somewhat a different leaning toward that, I think.”

At the STB, environmental concerns can cover anything from impact of railroad lines or service on nature to the effects on community lifestyles, historical structures and Native American lands.

In one big example, some Chicago-area suburbs loudly complained that the board did not give enough weight to the impact on them of Canadian National Railway’s plan to acquire a short line through their towns and move freight on it rather than through the central city. The STB approved the deal, but Mulvey would not discuss it as opponents have appealed in federal court.

Mulvey also said “I’d like the board to continue to be perceived as being responsive to shipper needs and complaints about service and things.” However, given ongoing shipper complaints that the STB is not responsive enough, he said “we are trying to make it more so,” including behind-the-scenes complaint resolutions.