Last week, Rail Labor achieved a significant favorable decision in the U.S. Ninth Circuit Court of Appeals.  The case centered on the validity of the Federal Railroad Administration’s [“FRA”] regulations that would “cancel” or preempt state laws mandating a minimum of two person operating crews on freight trains.  The Court ruled that the FRA violated the Administrative Procedures Act when it did not follow the Act’s Comment and Notice procedures.  The Court also found that the FRA regulation was arbitrary and capricious.  This decision is a great victory for Railroad Safety and Public Safety and will protect state laws that insist on two-person train crews.

http://cdn.ca9.uscourts.gov/datastore/opinions/2021/02/23/19-71787.pdf