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UNION PACIFIC RAILROAD COMPANY v. PHMSA

No. 19-1075.

953 F.3d 86 (2020)

UNION PACIFIC RAILROAD COMPANY, Petitioner v. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, et al., Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 17, 2020.

Attorney(s) appearing for the Case

Tobias S. Loss-Eaton argued the cause for petitioner. With him on the briefs were Raymond A. Atkins and Matthew J. Warren .

Sushma Soni , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Daniel Tenny , Attorney, Steven G. Bradbury , General Counsel, U.S. Department of Transportation, Paul M. Geier , Assistant General Counsel, Peter J. Plocki , Deputy Assistant General Counsel, and Paul J. Roberti , Chief Counsel, Pipeline and Hazardous Materials Safety Administration.

Dissenting opinion filed by Circuit Judge Henderson.

Union Pacific Railroad Company asks us to vacate a regulation that the Pipeline and Hazardous Materials Safety Administration promulgated under the Fixing America's Surface Transportation Act, Pub. L. No. 114-94, § 7302, 129 Stat. 1312, 1594-96 (2015) ("FAST"). The railroad...

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