A 2024 federal regulation requiring at least two workers on every freight train in the United States will stay in effect after a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit decided to uphold it. Judges Robin Rosenbaum (an Obama appointee) and Embry Kidd (a Biden appointee) upheld the rule, while Judge Elizabeth Branch (a Trump appointee) dissented.
Then-President Biden’s Federal Railroad Administration (FRA) issued the regulation under the guise of safety and despite Congress’s refusing to legislate a minimum crew size for railroads. One-person train crews have been operating safely, and there is no substantial data indicating that a mandated two-person crew is necessary for safety purposes. Numerous railroads challenged the rule.
The majority held that the FRA followed proper procedures in adopting the rule, could choose not to wait for additional data, and was not required to explain its change in position from previous administrations. Judge Branch, dissenting, wrote that the FRA must explain its change in position and also noted that the FRA cost-benefit analysis did not include the extra labor costs required by the rule. (We raised this latter argument in our amicus brief in the case, along with explaining that this rule will deter the implementation of new technology that will improve safety and efficiency.)
A likely next step will be asking all twelve judges on the Eleventh Circuit to consider the case, and after that, appeal to the U.S. Supreme Court.
The cases are grouped together under the lead case Florida East Coast Railway v. Federal Railroad Administration (11th Cir. No. 24-11076), along with similar challenges under docket numbers (24-11300, 24-11366, 24-11367, 24-11428, 24-11444, 24-11445, & 24-12003).