DC Circ. Weighs If Challenge Of Old Rail Car Fee Is Moot

By Kyle Jahner (March 9, 2018, 8:55 PM EST) -- A D.C. Circuit panel asked a petroleum industry group seeking to strike down a surcharge on old fuel rail cars Friday whether the case is moot, given that a phaseout of those rail car models has already been completed.

American Fuel & Petrochemical Manufacturers had argued that a $1,000 surcharge BNSF Railway Co. imposed on older DOT-111 model tank cars remains an important question of law because it was part of the railway's effort to accelerate a phaseout of the cars that "countermand[ed] authority from Congress."

The group is also appealing a decision by the Surface Transportation Board rejecting its initial complaint...

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