EQUIPMENT LEASING GUIDE Appealing the DOT Regs
As some readers may be aware, several parties have raised concerns about the regulations regarding tank car design and service changes issued by the Department of Transportation (DOT) and Transport Canada on May 1, 2015. Several parties are appealing the DOT regulations to the United States Court of Appeals. In an attempt to understand the appeals process, its impact and timing, I spoke with Christopher J. McAuliffe who is Senior Counsel at Morgan Lewis & Bockius, LLP. Chris has a strong background in environmental work and has worked on appeals of governmental regulations similar to the recent DOT promulgation. I asked Chris some questions about the appeals process. RA: A number of parties have initiated court challenges to DOT’s new tank car regulations. What is that process and what are the potential results? McAuliffe: A party adversely affected or otherwise aggrieved by a final action of the Secretary of Transportation, such as the new tank car regulations, may file a petition with the United States Court of Appeals requesting that the court review the regulations within 60 days of when the action is final. Absent special circumstances, petitions to review final regulations are limited to issues raised by the party during the public comment period on the draft regulations. Parties
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Railway Age
June 2015