United Transportation Union v. United States

I regret my inability to agree with my colleagues in this case. In my judgment the order, of the Federal Railroad Administration granting the petitioning railroads an exemption from complying with the safety regulations, specifically 49 C.F.R. § 232.12 (1971), which Congress ordered the agency to adopt in the Power or Train Brakes Safety Appliance Act of 1958, 45 U.S.C. § 9 (1970), should be vacated for three separate reasons.

1. The Power or Train Brakes Safety Appliance Act does not authorize the agency to grant to particular railroads exemptions from the regulations the Act required the…