Tuesday, December 13, 2011

Surface Transportation Board Issues Decision Regarding Union Pacific Railroad Company - Petition for Declaratory Order

This decision begins a proceeding to determine the reasonableness of certain tariff provisions that require shippers to indemnify Union Pacific Railroad Company (UP) against future liabilities, other than those liabilities resulting from UP's negligence or fault, when UP carries toxic by inhalation hazardous commodities.
Decided: December 8, 2011Union Pacific Railroad Company (UP) filed a petition on April 27, 2011, requesting that the Board issue a declaratory order to resolve a controversy regarding the reasonableness of the indemnification provisions in UP's tariff relating to transportation of toxic by inhalation hazardous commodities (TIH). As discussed below, a declaratory order proceeding will be instituted to resolve the uncertainty raised in UP's petition. Continued

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