TRANSPORTATION DIVISION OF THE INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL, AND TRANSPORTATION WORKERS; Brotherhood of Locomotive Engineers and Trainmen, Petitioners,
v.
FEDERAL RAILROAD ADMINISTRATION; U.S. Department of Transportation, Respondents,
Association of American Railroads, Intervenor.
California Public Utilities Commission, Petitioner,
v.
Pete Buttigieg, Secretary of Transportation; U.S. Department Of Transportation; Ronald L. Batory, Administrator of the Federal Railroad Administration; Federal Railroad Administration, Respondents,
Association of American Railroads, Intervenor.
State of Washington, Petitioner,
v.
U.S. Department of Transportation; Federal Railroad Administration, Respondents,
Association of American Railroads, Intervenor.
State of Nevada, Petitioner,
v.
Pete Buttigieg, Secretary of Transportation; U.S. Department of Transportation; Ronald L. Batory, Administrator of the Federal Railroad Administration; Federal Railroad Administration, Respondents,
Association of American Railroads, Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 5, 2020 Seattle, Washington.
Kevin C. Brodar (argued), General Counsel, SMART-TD, North Olmsted, Ohio; Lawrence M. Mann , Alper & Mann P.C., Bethesda, Maryland; Michael S. Wolly , Michael S. Wolly PLLC, Washington, D.C.; Joshua D. McInerney BLET , Barkan Meizlish LLP, Columbus, Ohio; for Petitioners Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers, and Brotherhood of Locomotive Engineers and Trainmen.
Aaron D. Ford , Attorney General; Gregory L. Zunino , Deputy Solicitor General; Brandee Mooneyhan , Deputy Attorney General; Office of the Attorney General, Carson City, Nevada; Jill C. Davis , Assistant General Counsel, Public Utilities Commission, Carson City, Nevada; for Petitioner State of Nevada.
Kwame Raoul , Attorney General; Jane Elinor Notz , Solicitor General; Sarah A. Hunger , Deputy Solicitor General; Christian Arizmendi , Assistant Attorney General; Office of the Attorney General, Chicago, Illinois; Xavier Becerra , Attorney General, Sacramento, California; Phil Weiser , Attorney General, Denver, Colorado; Kathleen Jennings , Attorney General, Wilmington, Delaware; Karl A. Racine , Attorney General, Washington, D.C.; Maura Healey , Attorney General, Boston, Massachusetts; Keith Ellison , Attorney General, St. Paul, Minnesota; Jim Hood , Attorney General, Jackson, Mississippi; Gurbir S. Grewal , Attorney General, Trenton, New Jersey; Letitia James , Attorney General, New York, New York; Ellen F. Rosenblum , Attorney General, Salem, Oregon; Mark R. Herring , Attorney General, Richmond, Virginia; Joshua L. Kaul , Attorney General, Madison, Wisconsin; for Amici Curiae Illinois, California, Colorado, Delaware, District of Columbia, Massachusetts, Minnesota, Mississippi, New Jersey, New York, Oregon, Virginia, and Wisconsin.
William A. Mullins , Baker & Miller PLLC, Washington, D.C.; Sarah G. Yurasko , General Counsel, American Short Line and Regional Railroad Association, Washington, D.C.; for Amicus Curiae American Short Line and Regional Railroad Association.
Concurrence by Judge Christen.
OPINION
CALLAHAN, Circuit Judge.
In March 2016, the Federal Railroad Administration (FRA) issued a Notice of Proposed Rulemaking (NPRM) proposing a national minimum requirement of two crew members for trains. Over three years later, on May 29, 2019, the FRA issued an order purporting to adopt a nationwide maximum one-person crew rule and...
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