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Union Pacific Railroad Co. v. Pipeline and Hazardous Materials Safety Administration

ELR Citation: 50 ELR 20065
Nos. 19-1075, (D.C. Cir., 03/17/2020)

The D.C. Circuit denied a petition to review the Pipeline and Hazardous Materials Safety Administration’s rule regulating disclosure requirements for railroad companies transporting hazardous materials. A company argued that the rule, which required railroads to release an aggregated report to officials of the weekly number of trains passing through a county and to identify the type of flammable liquid being transported, fell short in protecting the security and confidentiality of information to prevent unauthorized individuals from accessing the information, as required by the Fixing America’s Surface Transportation Act. The court found that while it did not doubt that the company’s suggestion that aggregated data may sometimes reveal sensitive information upon analysis, the company provided no evidence that the type of data at issue here had been or ever could be exploited. It therefore denied, 2-1, the company’s petition.