8th Circ. Backs Union Pacific In Drug Smuggling Fight

Law360, New York (December 12, 2013, 7:51 PM EST) -- The Eighth Circuit on Thursday rejected U.S. Customs and Border Protection's claim that it is entitled to assess steep penalties against Union Pacific Railroad Co. over illegal drugs smuggled across the border via train, saying the government's enforcement efforts have overstepped its constitutional authority.

A unanimous three-judge panel found that Customs went well beyond the powers established under the Tariff Act of 1930 when it hit Union Pacific with nearly $38 million in penalties over a five-year span in connection with troves of illegal drugs uncovered...
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