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CHLORINE INSTITUTE, INC. v. FEDERAL R.R. ADMIN.

No. 12-1298.

718 F.3d 922 (2013)

CHLORINE INSTITUTE, INC., Petitioner v. FEDERAL RAILROAD ADMINISTRATION, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2013.

Attorney(s) appearing for the Case

Paul M. Donovan argued the cause for the petitioner.

Mark W. Pennak , Attorney, United States Department of Justice, argued the cause for the respondents. Stuart F. Delery , Principal Deputy Assistant Attorney General, Michael Jay Singer , Attorney, Paul M. Geier , Assistant General Counsel, United States Department of Transportation, Peter J. Plocki , Deputy Assistant General Counsel, and Christopher Perry and Rebecca S. Behravesh , Trial Attorneys, Federal Railroad Administration, were on brief.

Thomas H. Dupree Jr. , Michael R. Huston , Louis P. Warchot and Michael J. Rush were on brief for amicus curiae Association of American Railroads in support of the respondents.

Concurring Opinion filed by Circuit Judge KAVANAUGH.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The Chlorine Institute, Inc. (Institute)1 challenges the final rule promulgated by the Federal Railroad Administration (FRA) to implement section 104 of the Rail Safety Improvement Act of 2008(Act), which requires that a qualifying rail carrier submit an implementation plan to install a "positive train control" (PTC) system2 no later than December 31, 2015 on certain...

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