DC Circ. Unsure It Can Vacate Rule Because DOT Was Late

By Nadia Dreid (March 9, 2021, 10:04 PM EST) -- The D.C. Circuit seemed wary Tuesday that it could vacate a challenged Federal Railroad Administration rule on risk reduction programs just because the agency missed the one-year deadline that Congress gave it for handing down rules.

Rail workers' unions have accused the U.S. Department of Transportation agency of flouting a federal law that requires it to get rules passed in under a year — resulting in the rule being passed years after the deadline on now-outdated information.

While the panel agreed that the agency was "very late" in getting the rule across the finish line, the judges weren't sure there was...

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