News hit the tape that a federal judge ruled to certify a class action lawsuit against the major U.S. rails regarding their fuel surcharge programs. The suit, dating back to 2007, alleges that the rails illegally conspired to coordinate their fuel surcharge programs. The 4 major U.S. rails are named as defendants in the case, but not KSU, the Canadians or the short-lines. Based on similar fuel surcharge cases against LTLs, global air carriers and forwarders, we believe it’s very unlikely the rails face anywhere close to $30B of potential liability. Rather, we suspect a worst case scenario settlement or ruling (likely not for a couple of years) would have little impact on the rails’ balance sheets or pricing power. We also don’t see risk of rail fuel surcharges going away as the STB previously ruled fuel surcharges were a fair practice in 2007, when they required the rails to switch to mileage-based from rev. based fuel surcharges.