Chemical makers failed to show any harm from a rule boosting safety requirements for shipping dangerous substances by rail, a U.S. appeals court said, throwing out a lawsuit challenging the 2012 regulation.
The Arlington, Virginia-base Chlorine Institute argued that the Federal Railroad Administration rule would constrain or eliminate chemical makers’ ability to ship products by rail.
“But the described impact is -- at most -- speculative,” Judge Karen LeCraft Henderson wrote for a three-judge panel of the U.S. Court of Appeals in Washington.
The Chlorine Institute also didn’t argue “that any carrier has diminished -- or is about to diminish -- any individual member’s shipping ability -- only that it could do so,” Henderson wrote.
Frank Reiner, president of the institute, said the group is reviewing the decision and had no immediate comment.
The case is Chlorine Institute Inc. v. Federal Railroad Administration, 12-1298, U.S. Court of Appeals for the District of Columbia (Washington).
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