Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Blog Post

June 3, 2015

Both Sides of the Track Challenge New Rail Car Rules

Lawsuits have been filed from both industry and environmental groups over the U.S. Department of Transportation (“USDOT”) Pipeline and Hazardous Materials Safety Administration’s (“PHMSA’s”) new Final Rule for high hazard flammable trains and tank cars, published on May 8, 2015.

On the industry side, on May 11, 2015, separate lawsuits were filed in the U.S. Court of Appeals for the District of Columbia by the American Petroleum Institute (“API”) and the American Short Line and Regional Railroad Association. API has asked the court to set aside and remand portions of the new rule that set deadlines for retrofitting rail cars to meet the new design standards and that provide a requirement, and set deadlines, for the installation of electronically controlled pneumatic (“ECP”) braking systems. (Index No. 15-1131). The American Short Line and Regional Railroad Association has challenged the entire rule, asserting, the new rule is in excess of the USDOT’s authority, arbitrary and capricious, an abuse of discretion and otherwise contrary to law. (Index 15-1132). The D.C. Court of Appeals consolidated the two actions on May 18, 2015. A statement of the issues from each industry group is due on June 17, 2015.

Environmental groups have also filed separate suits. On May 14, 2015, Earthjustice and Sierra Club on behalf of Forestethics, the Washington Environmental Council, Waterkeeper Alliance, Friends of the Gorge, the Spokane Riverkeeper, and the Center for Biological Diversity filed a petition challenging the rules in the 9th Circuit Court of Appeals. (Index No. 15-71461). Then, on May 15, 2015, Riverkeeper filed its lawsuit in the 2nd Circuit Court of Appeals. (Index No. 15-1609). Both suits argue that the phase-out period for non-compliant rail cars is too long, complain that the standards are too weak, and assert that the 40 mph speed limit should be expanded to other densely populated areas. The enviro suits also allege the agency violated notice and comment requirements because it abandoned a prior emergency order regarding local notification requirements.

H&B will be following these cases closely and will post further updates as they happen.

PHMSA’s Final Rule, “Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains,” is available here.

Featured Media

Alerts

The New York FY 2025 Budget – CDPAP FIs Under Threat

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Anderson, Beauchamp, Murray, Angeles, Monegro, and Bullock—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Updated Bulletin on Tracking Technologies in the Health Care Industry

Alerts

NYS Board of Regents Adopts Regulations on the Mental Health Diagnostic Privilege

Alerts

First Department Clarifies Pleading Requirements Under NYS Child Victims Act

Alerts

Beneficial Ownership Reporting Requirements Under the CTA: Quarterly Reminder

We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

Read More

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out