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Due Process Amtrak

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Amtrak Performance Rules Won’t be Revived

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• The Supreme Court declines to review a lower court ruling that the Surface Transportation Board cannot assume regulatory authority that Congress unconstitutionally delegated to the Federal Railroad Administration and...more

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Eighth Circuit Strikes Down STB Rules Defining "On-Time" Passenger Performance

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In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more

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Justices Probe Limits of Non-Delegation Doctrine and Express Due Process Concerns

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Yesterday, the U.S. Supreme Court heard oral argument in Dep't of Transp. v. Ass'n of Am. Railroads. At issue is whether Congress may grant Amtrak, a private entity created by Congress, the power to co-author regulations...more

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