Union Pacific Railroad Co. v. Pipeline and Hazardous Materials Safety Administration, No. 19-1075 (D.C. Cir. 2020)Annotate this Case
The DC Circuit denied Union Pacific's petition for review of the Administration's regulation governing disclosures made by railroads that are transporting hazardous materials. Union Pacific alleged that the regulation was insufficiently protecting the railroad's data and thus failed to meet the requirement in section 7302 of the Fixing America's Surface Transportation Act (FAST) to establish security and confidentiality protections to prevent access to the information by unauthorized parties.
The court held that FAST 7302 is neither dependent on a misreading of the statute nor arbitrary and capricious. In this case, the agency developed a mechanism to prevent inadvertent disclosure. Furthermore, Union Pacific failed to provide evidence to controvert the agency's express finding that this rule will satisfy security and confidentiality concerns as mandated by the statute.