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CASE ENTRY

Association of American Railroads v. Department of Transportation

Federal law gives Amtrak the power to establish rules for use of tracks owned by freight railroads. D.C. Circuit(2016): Due process is violated when Amtrak—a for-profit outfit—sets regulations that affect its own bottom line. D.C. Circuit (2018, with puns): But no need to actually invalidate the law. We can remedy the violation with a minor tweak. Dissent: That leaves Amtrak’s ability to impose self-serving regulations intact; the entire law should go. (We discussed the 2016 decision on the podcast.)


Tags: 2018, D.C. Circuit, DOT, Due Process

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