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The Union Pacific Railroad (UPRR) recently announced that an injunction was issued on their lawsuit against California’s Senate Bill 84, which mandates a $45 per rail car fee for hazardous material commodities entering the state. The BNSF and the UPRR maintain that this new fee is anti-competitive and unlawfully interferes with federally protected interstate commerce.

UPRR and BNSF have implemented this new charge in their public tariffs. UP 6004-C item 799 has been introduced as a possible charge effective December 7, 2016, with the hopes of not collecting this hazardous materials fee if the current temporary injunction becomes permanent. BNSF 6100 B Item 2420 has been published effective November 1, 2016.

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