WASHINGTON — The Surface Transportation Board has clarified its decision allowing a Minnesota shipper’s complaint against Union Pacific — alleging the railroad had violated its common-carrier obligation by reducing service — saying it will consider granting relief only from the date of its original decision in November.
Sanimax USA of South St Paul, Minn., processes animal waste for use in animal and pet food, soap, and other products. It filed a complaint in 2020 about UP’s reduction in service from five to three days a week; after UP said the case should be dismissed because the commodities in question were exempt from STB regulation, Sanimax asked the board for a partial revocation of that exemption.
On Nov. 2, 2021, the board said the case could move forward and granted that partial revocation [see “STB allows Minnesota shipper’s case complaint against Union Pacific to proceed,” Trains News Wire, Nov. 3, 2021].
In its decision released Friday, the board noted — in response to a filing by UP — that it has previously found that relief is only available from the point an exemption is in force, and that to do otherwise could raise questions of due process. As a result, any relief Sanimax may receive as the case proceeds can only be from the Nov. 2, 2021, date of the original order, not from the 2020 date when UP changed its service.
