STB Publishes List of Parties to CF Industries Case

Yesterday the Surface Transportation Board published the list of parties to Docket No. FD 35517, the TIH shipping dispute between CF Industries and three subsidiaries of RailAmerica. Actually the STB is considering this case and the case between PPG and another RailAmerica subsidiary since both cases revolve around similar TIH shipping rules imposed by the railroad companies.

The importance of this list is that each party on the list must provide copies of any submissions to the STB to each representative on the list. It is also an indication of who has a stake in the outcome of this dispute beyond the actual parties listed in the original complaints. The organizations represented on this list are:

Industry

CF Industries, Inc.

PPG Industries, Inc

Arkema Inc.

The Dow Chemical Company

American Chemistry Council

The Chlorine Institute, Inc.

The Fertilizer Institute

Railroads

Indiana & Ohio Railway Company

Point Comfort and Northern Railway Company

Michigan Shore Railroad, Inc

Alabama Gulf Coast Railway LLC

RailAmerica, Inc.

CSX Transportation

Union Pacific Railroad Company

Norfolk Southern Corporation

American Short Line and Regional Railroad Association

Association of American Railroads

This case, along with the Canexus v BNSF case also being considered by the STB will almost certainly have a lasting effect on the relationships between TIH shippers and the railroads. Unfortunately, neither will address the underlying issue causing these conflicts; deciding who has financial responsibility for any catastrophic TIH release that results from a rail accident or a terrorist attack on a TIH rail shipment.

BTW: There was an interesting discussion on RailOrders.com this weekend about the Canexus case. That discussion used my blog post as a starting point for their look at this dispute.