STB says no to UP TIH petition
Written by William C. Vantuono, Editor-in-ChiefThe 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. ”
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.
