|  Clifton Linton

As Calif. Waits for Court Ruling on Rail Hazmat Fee Appeal, It Agrees to Drop Retroactive Fee Collections

As California awaits a federal appeals court ruling on a proposal to collect a fee on rail shipments of hazardous materials, the state has agreed to a Dec. 5 court order forbidding it from collecting those fees retroactively if the appeals court approves the charge. California and the state’s railroads (led by the Union Pacific (UP) and BNSF) have been locked in a court battle over the state’s proposed rule to collect a $45-per-rail-car fee on cars carrying one of 25 named hazardous materials cargos. Among the 25 listed hazardous materials cargoes are liquefied petroleum gas (LPG - propane and butane), diesel, gasoline ethanol and crude oil. The fee applies to intermod...

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