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Nossaman Partner Kevin Sheys Quoted in Law360

11/18/2015 Law360

Nossaman Partner Kevin Sheys was quoted in the Law360 story, “Failed Oil Train Rule Challenges Steam Toward DC Circ.”  The story examines the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration’s (PHMSA) denial of five administrative appeals challenging the scope of the agency's May 1 final rule carving out enhanced tank car standards and operational controls for so-called high-hazard flammable trains, which was made public in early November. The agency’s denial of the administrative appeals puts much of the onus on railroads to ensure that they're managing fleets of tank cars properly before they're transported across the country, and the spotlight now falls on the DC Circuit, where at least six other suits — and potentially more to come — have been filed challenging the scope of the final rule and the path traveled to adopt it. Commenting on the situation, Sheys said, "We started with, 'We're going to have a tank car rule,' and that morphed into a set of operational rules for the railroad. We shouldn't be surprised that what the government came up with left everybody dissatisfied." Additionally, Sheys noted that, “What this decision says is that PHMSA feels confident in their decision in the rule, they feel confident about the procedural aspects of the challenges.”

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