Norfolk & Western Railway Co. v. Pennsylvania Public Utility Commission

Opinion by

Judge MacPhail,

This case is before us on appeal from a decision of the Pennsylvania Public Utility Commission (PUC) ordering Petitioner Norfolk and Western Railway Company (N&W) to discontinue within 120 days the operation of any of its locomotives which were not equipped with “flush type toilet[s] or similar device[s]” pursuant to 52 Pa. Code §33.62 (PUC Regulation) ,1

N&W is an interstate freight carrier operating in 12 states and Canada; its rail lines extend for 130 miles inside Pennsylvania’s borders. It operates a total of 1,444 locomotives all of which may pass through…