A U.S. District judge in Lincoln, Nebraska has ordered the Homeland Security Dept. to halt fining the Union Pacific and to quit seizing its equiptment. This is the long standing dispute at El Paso where drugs were found in freight shipments from Mexico which crossed the border.
Up had argued that it could not control what was put on board in Mexico and its agents located in Mexico could not carry firearms. Further they argued that while the trains were stopped for inspection at the border by HS much of the train was still in Mexico and vulnerable to have drugs put aboard while the HS Dept. was ostensibly in charge of the train.
The Dept of Homeland Security has once again shown they are using their resources inefficiently, as they have in Arizona with controlling illegal immigrants.
In a somewhat related story, it was just reported that UP has cancelled its upcoming locomotive orders of 500 units over the next three years. “With the freeing up of resources and efficiency at the Laredo crossing alone we have reduced the need for even more units.”
Legally, this seems to me to be a kind of “man-bites-dog” ruling in terms of negating vicarious responsibility for goods and equipment that is putatively within the corporation’s “care, custody, and control” (OK, maybe not so much [:-^] - hence this anomalous result).
I’d like to review the full opinion and order sometime - anybody have a citation or link to it handy ? Otherwise, I’ll have to look it up myself when I have moment. Thanks in advance !