Union Pacific Railroad v. United States Department of Homeland Security
Court of Appeals for the Eighth Circuit
1Opinion of the Court
RILEY, Chief Judge.
On thirty-eight occasions between 2001 and 2006, United States Customs and Border Protection (CBP), a component of the U.S. Department of Homeland Security (DHS), found illegal drugs secreted on trains brought to the U.S. border by Fer-rocarril Mexicano S.A. de C.V. (Ferromex) or Kansas City Southern de Mexico S.A. de C.V. (KCSM), both Mexican railroads. Although the Union Pacific Railroad Company (UP) did not control the trains before their arrival at the U.S. border 1 or even during the time CBP inspected the trains at the border, CBP imposed almost $38 million in…
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