STB Defers Ruling on Railroad’s Request to Incorporate Formal Cost-Benefit Analyses in STB Rulemaking Procedures

In March 2019, the Association of American Railroads (“AAR”) petitioned the Surface Transportation Board (“STB”) to require the STB to conduct cost-benefit analyses, consider the cumulative impact of regulations, and base its decisions reliable data in future rulemakings. 

Slover & Loftus LLP’s client, the Western Coal Traffic League (“League”), filed a reply opposing the AAR’s petition.  The League explained the proposal would delay pending rulemakings, lengthen the regulatory process, and increase STB costs.  The League emphasized that the STB’s current regulatory practices are already sufficient and that conducting cost-benefit analyses does not guarantee improved rulemaking.

On July 10, 2019, the STB issued a decision deferring action on the railroads’ petition. The STB stated more time was needed to consider how these proposed rules could be formally integrated into its rulemaking proceedings and to evaluate best practices of other agencies. 

Questions regarding this proceeding, or rail transportation issues generally, may be directed to William L. Slover or any other Slover & Loftus LLP attorney.