News & Reviews News Wire Digest: Court rules against railroads in fuel-surcharge case

Digest: Court rules against railroads in fuel-surcharge case

By Jenny Freeland | February 22, 2021

| Last updated on February 24, 2021

News Wire Digest for Feb. 22: Washington Union Station redevelopment plan to be revised; UP train derails in Utah

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Judge rules against railroads on evidence in fuel-surcharge case
A federal judge has denied a request by four Class I railroads to exclude certain evidence from a long-running case over fuel surcharges that involves more than 200 major shippers. The motion by BNSF, CSX, Norfolk Southern, and Union Pacific contended that federal law permits limited communication between railroads to discuss interline agreements. In a Friday decision, Judge Paul Friedman, in U.S. District Court for the District of Columbia, disagreed, saying applying the statute as the railroads suggested “would extend its protection to discussions or agreements involving competing traffic … This interpretation is inconsistent with Congress’s stated purpose to protect limited categories of discussions and agreements that concern interline movements.” In a press release, an attorney for the shippers called it “an important victory for the railroad shipper community.” The suit pertains to alleged agreements over fuel surcharges by the four railroads that began in 2003 [see “More shippers file suits …,” Trains News Wire, Oct. 3, 2019].

Washington Union Station plan to be revised in response to District of Columbia concerns
The planned redevelopment of Washington Union Station will be revised in response to concerns the current plan was too focused on automobile traffic. The Washington Post reports Amtrak and the Union Station Redevelopment Corp. confirmed that the Federal Railroad Administration has halted its analysis of the plan to make revisions, particularly regarding a six-story parking garage that was opposed by District of Columbia officials. The planned $10 billion project would add concourses and tracks, increase retail business, add a bus facility,and create pickup and drop-off areas in front of a new train hall and at other entrances. The project aims for completion by 2040.

Union Pacific train derails in Utah
Twenty-eight cars of a Union Pacific train derailed Saturday afternoon in Millard County, Utah, causing no injuries but involving some cars carrying flammable liquids. KSTU-TV reports the accident occurred about 4:30 p.m. adjacent to State Route 257, about 12 miles north of the border with Beaver County. The Salt Lake Tribune quotes Lt. Robert Clark of the Millard County Sheriff’s Office as saying the derailment included six cars of flammable liquids, but the cars involved were contained to the railroad right-of-way. Other cars carried flour, wheat, and other commodities.

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