Wednesday, May 01, 2013

STB says no to UP TIH petition

Written by  William C. Vantuono, Editor-in-Chief
The Surface Transportation Board announced May 1 that it has denied Union 
Pacific’s (UP) petition requesting that the Board find
 reasonable certain UP tariff provisions requiring shippers of
 Toxic-by-Inhalation Hazardous (TIH) commodities to indemnify UP against all
 liabilities not caused through UP’s own negligence or fault.




In reaching its decision, the Board agreed with shipper parties that had 
argued that the language of the UP tariff provisions at issue is “overly 
broad,” and that UP “has not provided adequate support for the tariff 
requirements.


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STB’s decision in “Union Pacific Railroad Company, Petition for Declaratory 
Order, FD 35504,” may be viewed and downloaded at the Board’s website by, CLICKING HERE.