On January 15, 2025, the Surface Transportation Board (STB) issued a decision in a case brought by the North America Freight Car Association (NAFCA) and other complainants against the Union Pacific Railroad Company (UP).
NAFCA and its fellow complainants claimed UP violated its car service and common carrier obligations by unfairly charging for the movement of empty, privately owned tank cars to repair facilities. Additionally, NAFCA claimed UP failed to compensate them for using their tank cars when providing rail service.
While the STB denied NAFCA’s request for repayment of past charges—meaning UP is not required to refund any previously collected fees—the ruling set a clear precedent for the future. The STB determined that UP cannot impose charges for moving empty tank cars to repair facilities unless it proves that the car owners are being reimbursed for these expenses.
L.E. Peabody & Associates, Inc. is proud to have contributed to this case, leveraging our expertise in railroad operations and economics. Our own Thomas D. Crowley submitted a Verified Statement on both Opening and Rebuttal on behalf of the complainants.
Click here to read the STB’s decision.
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