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TRANSP. DIV. OF INT'L ASS'N v. FEDERAL R.R. ADMIN.

No. 20-1117.

10 F.4th 869 (2021)

TRANSPORTATION DIVISION OF THE INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS, et al., Petitioners v. FEDERAL RAILROAD ADMINISTRATION and United States Department of Transportation, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 2021.

Attorney(s) appearing for the Case

Shawn M. McKinley argued the cause for petitioners. On the briefs were Lawrence M. Mann , Kevin Brodar , Joshua D. McInerney , and James Petroff .

Amanda L. Mundell , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Jeffrey Bossert Clark , Acting Assistant Attorney General, Abby C. Wright , Attorney, Paul M. Geier , Assistant General Counsel for Litigation and Enforcement, U.S. Department of Transportation, Peter J. Plocki , Deputy Assistant General Counsel for Litigation and Enforcement, Christopher S. Perry , Senior Trial Attorney, and Rebecca S. Behravesh , Senior Attorney, Federal Railroad Administration.

Before: Rao and Walker, Circuit Judges, and Edwards, Senior Circuit Judge.

This case concerns a challenge to a risk reduction regulation promulgated by the Federal Railroad Administration. Petitioners —two labor unions and an association of attorneys representing railroad employees —raise several procedural and substantive challenges to the regulation, including that it is untimely; arbitrary...

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