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BHD. OF LOCOMOTIVE ENG'RS v. FED. R.R. ADMIN.

No. 18-1235.

972 F.3d 83 (2020)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, a division of the Rail Conference of the International Brotherhood of Teamsters, and Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers, Petitioners v. FEDERAL RAILROAD ADMINISTRATION and United States Department of Transportation, Respondents. Kansas City Southern Railway Company and Texas Mexican Railway Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 28, 2020.

Attorney(s) appearing for the Case

Kathy L. Krieger , Washington, DC, argued the cause for petitioners. With her on the briefs were Michael S. Wolly , Washington, DC, and Lawrence M. Mann .

Jaynie Lilley , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the briefs were H. Thomas Byron III , Attorney, Steven G. Bradbury , General Counsel, U.S. Department of Transportation, Paul M. Geier , Assistant General Counsel for Litigation and Enforcement, Joy K. Park , Senior Trial Attorney, and Rebecca S. Behravesh , Senior Attorney, Federal Railroad Administration.

Aaron S. Markel , Detroit, MI, argued the cause for intervenors. With him on the brief was Donald J. Munro , Washington, DC.

Opinion concurring in part and dissenting in part filed by Circuit Judge Tatel.

By leave of the Federal Railroad Administration, two United States railroads began allowing engineers and conductors employed by their Mexican affiliate to operate trains on their tracks in the United States. Labor unions representing employees of the two railroads petition for review of the Railroad Administration's asserted...

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