Westlaw News

D.C. Circuit rejects Union Pacific challenge to DOT flammable freight data disclosure rule

A U.S. federal appeals court has denied a bid by Union Pacific Railroad Company to invalidate a U.S. Department of Transportation safety rule that requires railroads to share with states and tribes information about trains passing through that carry highly-flammable liquids, rejecting claims that the rule insufficiently protects the data.

In a 2-1 Tuesday ruling, the U.S. Court of Appeals for the D.C. Circuit tossed out Union Pacific’s petition for review of a 2019 regulation by DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA), saying that the company had failed to provide any evidence that the rule fell short of securing and keeping confidential the data as required by the 2015 Fixing America’s Surface Transportation Act (FAST).

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