DC Circ. Wary Of Union's Challenge To Rail Inspection Change

Law360 (September 12, 2019, 6:44 PM EDT) -- A D.C. Circuit panel appeared not to be swayed Thursday by a labor union's argument that the U.S. Department of Transportation was wrong to suspend railroad track safety regulations to allow a new automated inspection technology to be tested by BNSF Railway Co.

D.C. Circuit Judge Stephen Williams said in oral arguments that the Brotherhood of Maintenance of Way Employees Division/IBT and the DOT's Federal Railroad Administration may have different opinions on how to do track inspections, but that does not mean that the DOT's decision should be vacated.

"Having people conduct track inspections instead of having automated systems do it may be one approach, but does...

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