WASHINGTON — The Surface Transportation Board has denied Metra’s request for a temporary injunction or emergency service order protecting commuter operations on three Union Pacific lines in the Chicago area, saying Metra has not shown the situation meets “the standard required for either avenue of relief.”
The five-page ruling was made Tuesday, July 1, but released today (July 2, 2025).
The request for an injunction was the latest step in the long-running dispute between Metra and UP over a new operating contract on Metra’s UP North, Northwest, and West Lines. Metra made the request on Monday, June 30, saying that because no agreement was in place to continue operation beyond the end of contract expiring on that date, it was at risk of having to halt service on those lines, which would constitute “irreparable harm” — the standard for issuing an injunction.
Union Pacific had said it would impose a new contract, or Conditions of Entry, including higher access rates and other terms that Metra objects to, including matters regarding infrastructure maintenance and insurance. That, Metra said, placed it the position of halting service or, by operating, accepting contract terms it finds objectionable, and therefore made an emergency service order “critical for maintaining access to passenger service.”
Union Pacific, in response, said it would not prohibit Metra from operating, and that if the Conditions of Entry contract is ruled to be not enforceable, “Metra will suffer no series harm because it was never subject to the COE’s terms.” If Metra halts operation, UP said, it will be by the commuter operator’s choice, not because of a UP action.
Given that UP has said it not exclude Metra, and that Metra has told UP it plans to continue operating without accepting the terms of the COE, the board found “Metra has shown neither the irreparable harm needed for injunctive relief or the emergency circumstances under which the board may order service … Metra’s petition therefore will be denied.”
Metra said in a statement that while it is “disappointed with this decision, we want to assure our riders that we will continue to operate on the three Union Pacific lines while pursuing our options to lessen the financial and other impacts on our riders and the taxpayers of the six-county region. Metra’s priorities remain to provide safe, reliable, and high-quality service for its passengers, while being a good steward of taxpayer dollars.”
A similar Metra request for a temporary restraining order and preliminary injunction, sought from U.S. District Court for the Northern District of Illinois, was denied on June 27. In that case the court said it lacked jurisdiction to set conditions on continued operations, and that Metra “has not demonstrated imminent injury that could not be cured with damages.”
Union Pacific said in a statement that it “is pleased with recent decisions from the STB and the Northern District Court of Illinois. We will continue granting Metra access to provide service for Chicagoland riders at commercially reasonable rates.”
The District Court is also the venue for Metra’s ongoing case over its contract with UP [see “Lawsuit says …,” News Wire, May 28, 2025]
While the board has denied the request for emergency action, Metra’s request for terminal trackage rights on UP, which it says is needed to ensure continued operation, remains before the regulators. [See “Metra asks STB to require …,” News Wire, March 7, 2025]. Metra’s final scheduled filing in that case, a rebuttal to UP’s arguments, came on June 23 — and was followed by a UP request to strike some of the Metra rebuttal as impermissible (and a Metra response). [See “Metra seeks to temporarily maintain …,” News Wire, June 25, 2025, and “Union Pacific asks STB to disallow …,” News Wire, June 25, 2025.].
Also still unaddressed is UP’s request to dismiss the Metra trackage rights request on the grounds the matter is not subject to STB jurisdiction. [See “Union Pacific asks regulators to dismiss …,” May 23, 2025, and “Metra responds to UP request …,” News Wire, June 16, 2025].
— Updated at 4:55 p.m. CT with Union Pacific statement and information on court ruling.
UP says “here is the COE” by operating you accept it, unless of course you don’t accept it.
Metra says “our COE is terminal trackage rights, unless you don’t accept it”
Neither will hold either to anything so they can’t be called the bad guy if service stops. Geez.
I am trying to figure out who is wearing the pants in this arrangement.