Four railroads have filed lawsuits in federal court to block the Federal Railroad Administration’s requirement for two-person crews for most freight trains, the Associated Press reports.
Union Pacific, BNSF Railway, the Indiana Rail Road, and Florida East Coast Railway filed individual suits this week in different appellate courts, all saying the rule is arbitrary, capricious, and an illegal abuse of discretion.
The FRA announced the rule earlier this month, saying it enhanced safety, particularly in light of longer trains operated by Class I railroads [see “FRA issues rule …,” Trains News Wire, April 2, 2024]. The Association of American Railroads immediately blasted the rule as “unfounded and unnecessary” and said there is no data supporting the safety claims. The AAR likely has a role in the lawsuits; when contacted by the Associated Press, BNSF deferred comment to the industry group.
UP said in a statement quoted by the AP that the rule “hinders our ability to compete in a world where technology is changing the transportation industry and prevents us from preparing our workforce for jobs of the future.”
The lawsuit is not unexpected; the industry has a history of challenging crew-size laws enacted by states. The AAR sued over an Ohio crew size law last year, for example; it and the Indiana Rail Road sued over an Illinois law in 2019.
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