Rail Regulator Sides With Industry on Prosecutorial Discretion

April 27, 2026, 5:52 PM UTC

The Federal Railroad Administration issued a rule Monday that clarifies its ability to dismiss safety violations by railroads if they do not represent a “practical safety issue”

Government attorneys will decide the meaning of that term on a case-by-case basis despite a request by SMART-TD, the nation’s largest rail union, and the Brotherhood of Locomotive Engineers and Trainmen to define the specific circumstance when the regulator would decline to issue penalties, according to a post in the Federal Register.

“FRA has a bad habit of protecting corporations over people who are most vulnerable,” ...

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