9th Circ. Scraps Trump-Era One-Person Train Crew Rule

Law360 (February 23, 2021, 7:13 PM EST) -- The Ninth Circuit ruled Tuesday that the Trump administration in 2019 improperly replaced an Obama-era proposal requiring two-person train crews with a one-person train crew rule that sought to override states' own train crew and rail safety rules without justification.

A three-judge panel of the appeals court vacated the Federal Railroad Administration's May 2019 order withdrawing a March 2016 notice of proposed rulemaking seeking to require that all freight and passenger trains be operated by a two-person crew. The panel found that the FRA violated the Administrative Procedure Act by failing to give proper notice and take public comment on its subsequent...

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