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A U.S. appeals court has dismissed a lawsuit challenging federal regulations that require railroads to install crash-avoidance systems. The Arlington, Va.-based Chlorine Institute argued that the Federal Railroad Administration (FRA) rule calling for implementation of so-called positive train control technology by the end of 2015 would “severely limit or eliminate” the ability of chlorine producers to ship their products by rail. Toxic chemicals will be transported only on lines where the equipment is deployed, shrinking the size of the available rail network. The U.S. Court of Appeals in Washington, D.C., threw out the case because no shipper has yet been harmed by FRA’s proposed implementation plan. Rerouting rail traffic “does not necessarily” harm chlorine shippers, wrote Judge Karen L. Henderson in the court’s decision. “The impact is at most speculative.”
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