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TRANSP. DIVISION OF INT'L v. FEDERAL RAILROAD

No. 21-1049.

40 F.4th 646 (2022)

TRANSPORTATION DIVISION OF the INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL and Transportation Workers and Brotherhood of Locomotive Engineers and Trainmen, Petitioners v. FEDERAL RAILROAD ADMINISTRATION and United States Department of Transportation, Respondents Association of American Railroads, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2022.

Attorney(s) appearing for the Case

Lawrence M. Mann argued the cause for petitioners. With him on the briefs were Kevin Brodar and Joshua D. McInerney . James Petroff entered an appearance.

Amanda L. Mundell , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Brian M. Boynton , Acting Assistant Attorney General at the time the brief was filed, Abby C. Wright , Attorney, John E. Putnam , Deputy General Counsel, U.S. Department of Transportation, Paul M. Geier , Assistant General Counsel for Litigation and Enforcement, Joy K. Park , Senior Trial Attorney, Allison Ishihara Fultz , Chief Counsel, Federal Railroad Administration, and Rebecca S. Behravesh , Senior Attorney.

Thomas H. Dupree Jr. argued the cause for intervenor Association of American Railroads in support of respondent. With him on the brief was Kathryn D. Kirmayer .

Before: Millett, Wilkins, and Jackson, Circuit Judges.

In 2020, the Federal Railroad Administration ("Administration") issued a broad-ranging rule revising the regulations governing freight railroad safety. See Miscellaneous Amendments to Brake System Safety Standards and Codification of Waivers ("Final Rule"), 85 Fed. Reg. 80,544 (Dec. 11, 2020). Two unions representing...

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