Four railroads have asked federal appeals courts to throw out a new rule that would require two-person train crews in most circumstances, saying the mandate is arbitrary, capricious and an illegal abuse of discretion.
The identical challenges of the Federal Railroad Administration's rule were all filed this week in different appellate courts on behalf of Union Pacific, BNSF and two short line railroads — the Indiana Railroad and Florida East Coast Railway.
The new federal requirement, announced last week, was a milestone in organized labor’s long fight to preserve the practice and came amid increasing scrutiny into railroad safety, especially in the wake of the fiery February 2023 derailment in eastern Ohio.
Most of those railroads did not immediately offer additional explanation for why they don't like the rule, but the industry has long opposed such a regulation and the Association of American Railroads trade group said last week that the rule was unfounded and not supported by safety data. The Indiana Railroad — like many short lines across the country — already operates with one-person crews, but the major freight railroads all have two-person crews that their union contracts require.
Union Pacific said in a statement “this rule, which lacks any data showing two people in a cab are safer than one, hinders our ability to compete in a world where technology is changing the transportation industry and prevents us from preparing our workforce for jobs of the future.”
BNSF deferred comment to AAR, and the two smaller railroads did not immediately respond to messages Thursday.
The regulators who announced the rule last Tuesday and the unions that have lobbied for the policy for years all argue there are clear safety benefits to having two people in the cab of locomotives to help operate the train because they can keep each other alert and the conductor can respond immediately to any problems they encounter, including serving as the initial first-responder to a derailment.
Transportation Secretary Pete Buttigieg has said the need to improve railroad safety was made glaringly clear last year when a Norfolk Southern train derailed on the outskirts of a town on the Ohio-Pennsylvania border and spilled an assortment of hazardous chemicals that caught fire. That East Palestine derailment inspired calls for reform that have stalled in Congress.
But Buttigieg and the Federal Railroad Administration declined to comment Thursday on the legal challenges to the new rule that is set to take effect in early June.
The head of the Brotherhood of Locomotive Engineers and Trainmen union Eddie Hall said this legal challenge is just another sign the railroads “place profits over safety.” He said keeping two people in the locomotive won't keep railroads from investing in new technology, and the industry should focus on improving safety.
“This move by the railroads was predictable. The railroads and their trade association appeal every safety reform," Hall said.
Railroads have long argued that the size of train crews should be determined by contract talks, not regulators or lawmakers, because they maintain there is not enough data to show two-person crews are safer. Current safety stats can't show how safe one-person crews are because all the major railroads have two-person crews now.
The new rule does include an exception that would allow short line railroads to continue operating with one-person crews if they have been doing it for more than two years and have a plan to ensure safety. But the rule would make it difficult for any railroads to cut their crews down to one person.
The railroads have often challenged states when they tried to require two-person crews, so it's not a surprise that they went to court over this new federal rule.
The major freight railroads have argued that automatic braking systems that are designed to prevent collisions have made the second person in the locomotive cab unnecessary and they believe a conductor based in a truck could adequately respond to any train problems. Plus, they say taking that conductor off of the train would improve their quality of life because he or she would no longer have to work unpredictable hours on the road.
FILE - A worker rides a rail car at a BNSF rail crossing in Saginaw, Texas, Sept. 14, 2022. Four railroads, including BNSF, have asked federal appeals courts to throw out a new rule that would require two-person train crews in most circumstances. (AP Photo/LM Otero, File)
FILE - A maintenance worker walks past the company logo on the side of a locomotive in the Union Pacific Railroad fueling yard in north Denver, Oct. 18, 2006. Four railroads, including Union Pacific, have asked federal appeals courts to throw out a new rule that would require two-person train crews in most circumstances. (AP Photo/David Zalubowski, File)
LOS ANGELES (AP) — Dueling groups of protesters clashed Wednesday at the University of California, Los Angeles, grappling in fistfights and shoving, kicking and using sticks to beat one another. Hours earlier, police burst into a building at Columbia University that pro-Palestinian protesters took over and broke up a demonstration that had paralyzed the school while inspiring others.
After a couple of hours of scuffles between pro-Palestinian and pro-Israeli demonstrators at UCLA, police wearing helmets and face shields formed lines and slowly separated the groups. That appeared to quell the violence.
Police have swept through campuses across the U.S. over the last two weeks in response to protests calling on universities to stop doing business with Israel or companies that support the war in Gaza. There have been confrontations and more than 1,000 arrests. In rarer instances, university officials and protest leaders struck agreements to restrict the disruption to campus life and upcoming commencement ceremonies.
The clashes at UCLA took place around a tent encampment built by pro-Palestinian protesters, who erected barricades and plywood for protection — while counter-protesters tried to pull them down. Video showed fireworks exploding over and in the encampment. People threw chairs and at one point a group piled on a person who lay on the ground, kicking and beating them with sticks until others pulled them out of the scrum.
It was not clear how many people might be injured.
Los Angeles Mayor Karen Bass called the violence “absolutely abhorrent and inexcusable" in a spot on social media platform X and said officers from the Los Angeles Police Department were on the scene. Officers from the California Highway Patrol also appeared to be there. The university said it had requested help.
Security was tightened Tuesday at the campus after officials said there were “physical altercations” between factions of protesters.
Late that same day, New York City officers entered Columbia's campus after the university requested help, according to a statement released by a spokesperson. A tent encampment on the school's grounds was cleared, along with Hamilton Hall where a stream of officers used a ladder to climb through a second-floor window. Protesters seized the hall at the Ivy League school about 20 hours earlier.
“After the University learned overnight that Hamilton Hall had been occupied, vandalized, and blockaded, we were left with no choice,” the school said. “The decision to reach out to the NYPD was in response to the actions of the protesters, not the cause they are championing. We have made it clear that the life of campus cannot be endlessly interrupted by protesters who violate the rules and the law.”
A few dozen people were arrested at the building after protesters shrugged off an earlier ultimatum to abandon the encampment Monday or be suspended and unfolded as other universities stepped up efforts to end demonstrations that were inspired by Columbia.
Fabien Lugo, a first-year accounting student who said he was not involved in the protests, said he opposed the university’s decision to call in police.
“This is too intense,” he said. “It feels like more of an escalation than a de-escalation.”
Just blocks away from Columbia, at The City College of New York, demonstrators were in a standoff with police outside the public college’s main gate. Video posted on social media by news reporters on the scene late Tuesday showed officers putting some people to the ground and shoving others as they cleared people from the street and sidewalks.
After police arrived, officers lowered a Palestinian flag atop the City College flagpole, balled it up and tossed it to the ground before raising an American flag.
Brown University, another member of the Ivy League, reached an agreement Tuesday with protesters on its Rhode Island campus. Demonstrators said they would close their encampment in exchange for administrators taking a vote to consider divestment from Israel in October. The compromise appeared to mark the first time a U.S. college has agreed to vote on divestment in the wake of the protests.
Meanwhile, at Northern Arizona University in Flagstaff, police in riot gear closed in on an encampment late Tuesday and arrested about 20 people for trespassing, at least one of whom was thrown to the ground. University officials had warned earlier in the day that students would face criminal charges if they did not disperse.
First-year student Brayden Lang watched from the sidelines. “I still know very little about this conflict,” he said. “But the deaths of thousands is something I cannot stand for.”
The nationwide campus protests began at Columbia in response to Israel’s offensive in Gaza after Hamas launched a deadly attack on southern Israel on Oct. 7. Militants killed about 1,200 people, most of them civilians, and took roughly 250 hostages. Vowing to stamp out Hamas, Israel has killed more than 34,000 Palestinians in the Gaza Strip, according to the Health Ministry there.
As cease-fire negotiations appeared to gain steam, it wasn’t clear whether those talks would lead to an easing of protests.
Israel and its supporters have branded the university protests as antisemitic, while Israel’s critics say it uses those allegations to silence opposition. Although some protesters have been caught on camera making antisemitic remarks or violent threats, organizers of the protests, some of whom are Jewish, say it is a peaceful movement aimed at defending Palestinian rights and protesting the war.
Columbia's police action happened on the 56th anniversary of a similar move to quash an occupation of Hamilton Hall by students protesting racism and the Vietnam War.
The police department earlier Tuesday said officers wouldn't enter the grounds without the college administration’s request or an imminent emergency. Now, law enforcement will be there through May 17, the end of the university's commencement events.
In a letter to senior police officials, Columbia President Minouche Shafik said the administration made the request that officers remove protesters from the occupied building and a nearby tent encampment “with the utmost regret.”
New York City Mayor Eric Adams said on MSNBC’s “Morning Joe” that police had to move into Hamilton Hall “for the safety of those children.”
He again blamed outside agitators for the building takeover — an idea Shafik has also raised, though neither provided specific evidence to back up the contention, which was disputed by protest organizers and participants.
The police department’s deputy commissioner for public information, Tarik Sheppard, said 40 to 50 people were arrested at Hamilton Hall and that there were no injuries.
Protesters first set up a tent encampment at Columbia almost two weeks ago. The school sent in police to clear the tents the following day, arresting more than 100 people, only for the students to return.
Negotiations between the protesters and the college came to a standstill in recent days, and the school set a deadline for the activists to abandon the tent encampment Monday afternoon or be suspended.
Instead, protesters defied the ultimatum and took over Hamilton Hall early Tuesday, carrying in furniture and metal barricades.
Ilana Lewkovitch, a self-described “leftist Zionist” student at Columbia, said it’s been hard to concentrate on school for weeks. Her exams have been disrupted with chants of “say it loud, say it clear, we want Zionists out of here.”
Lewkovitch, who is Jewish, said she wished the current pro-Palestinian protests were more open to people like her who criticize Israel’s war policies but believe there should be an Israeli state.
Offenhartz and Frederick reported from New York. Associated Press journalists around the country contributed to this report, including Cedar Attanasio, Jonathan Mattise, Colleen Long, Karen Matthews, Jim Vertuno, Hannah Schoenbaum, Sarah Brumfield, Christopher Weber, Carolyn Thompson, Dave Collins, Makiya Seminera, Philip Marcelo, Corey Williams and Felicia Fonseca.
Officers with the New York Police Department arrest Pro-Palestinian protesters at Columbia University, Tuesday, April 30, 2024, in New York. The protesters had seized the administration building, known as Hamilton Hall, more than 20 hours earlier in a major escalation as demonstrations against the Israel-Hamas war spread on college campuses nationwide. (Marco Postigo Storel via AP)
Officers with the New York Police Department arrest pro-Palestinian protesters at Columbia University, Tuesday, April 30, 2024, in New York. The protesters had seized the administration building, known as Hamilton Hall, more than 20 hours earlier in a major escalation as demonstrations against the Israel-Hamas war spread on college campuses nationwide. (Marco Postigo Storel via AP)
A bicyclist cycles past a tent encampment in White Plaza in support of Palestinians, at Stanford University, in Stanford, Calif., Tuesday, April 30, 2024. (Stephen Lam/San Francisco Chronicle via AP)
Officers with the New York Police Department raid the encampment by pro-Palestinian protesters at Columbia University on Tuesday, April 30, 2024, in New York. The protesters had seized the administration building, known as Hamilton Hall, more than 20 hours earlier in a major escalation as demonstrations against the Israel-Hamas war spread on college campuses nationwide. (Marco Postigo Storel via AP)
A group of prospective students walk by a tent encampment in White Plaza in support of Palestinians during a campus tour at Stanford University, in Stanford, Calif., Tuesday, April 30, 2024.(Stephen Lam/San Francisco Chronicle via AP)
A New York Police bus filled with arrested protesters makes its way down Amsterdam Avenue, Tuesday, April 30, 2024, in New York. (AP Photo/Julius Motal)
Pedestrians walk by fluttering flags at a tent encampment in White Plaza in support of Palestinians, at Stanford University, in Stanford, Calif., Tuesday, April 30, 2024.(Stephen Lam/San Francisco Chronicle via AP)
New York Police officers escort a protester outside the Columbia University campus, Tuesday, April 30, 2024, in New York. (AP Photo/Julius Motal)
A person engages with a New York City police official as he, along with other officers, move to clear a main gate at Columbia University in New York on Tuesday, April 30, 2024, as authorities cleared parts of the campus of protesters after a building was taken over by activists earlier in the day. (AP Photo/Craig Ruttle)
As light rain falls, New York City police officers take people into custody near the Columbia University campus in New York, Tuesday, April 30, 2024, after a building taken over by protesters earlier in the day was cleared, along with a tent encampment. (AP Photo/Craig Ruttle)
New York City police officers take people into custody near the Columbia University campus in New York Tuesday, April 30, 2024, after a building taken over by protesters earlier in the day was cleared, along with a tent encampment. (AP Photo/Craig Ruttle)
Using a tactical vehicle, New York City police enter an upper floor of Hamilton Hall on the Columbia University campus in New York Tuesday, April 30, 2024, after a building was taken over by protesters earlier Tuesday. Hundreds of police officers swept into Columbia University on Tuesday night to end a pro-Palestinian occupation of an administration building and sweep away a protest encampment, acting after the school’s president said there was no other way to ensure safety and restore order on campus.(AP Photo/Craig Ruttle)
New York City police enter an upper floor of Hamilton Hall on the Columbia University campus using a tactical vehicle, in New York Tuesday, April 30, 2024, after a building was taken over by protesters earlier Tuesday. (AP Photo/Craig Ruttle)
Using a tactical vehicle, New York City police enter an upper floor of Hamilton Hall on the Columbia University campus in New York Tuesday, April 30, 2024, after a building was taken over by protesters earlier Tuesday. Hundreds of police officers swept into Columbia University on Tuesday night to end a pro-Palestinian occupation of an administration building and sweep away a protest encampment, acting after the school’s president said there was no other way to ensure safety and restore order on campus. (AP Photo/Craig Ruttle)
Pro-Palestinian protester Mercedes, a student at Southwestern University, raises a fist as she walks out of the Travis County Jail Tuesday April 30, 2024, a day after getting arrested at a protest at the University of Texas, in Austin, Texas. (Jay Janner/Austin American-Statesman via AP)
Students watch from their residence hall windows as members of the New York Police Department strategic response team move towards an entrance to Columbia University, Tuesday, April 30, 2024, in New York. After entering the campus, a contingent of police officers approached Hamilton Hall, the administration building that student protesters began occupying in the morning. (AP Photo/Julius Motal)
Pro-Palestinian protesters demonstrate on the campus of DePaul University, Tuesday, April 30, 2024, in Chicago. (AP Photo/Charles Rex Arbogast)
Pro-Palestinian protesters settled into a portico of Millar Library on the Portland State University campus over the weekend, shown on Monday, April 29, 2024, in Portland, Ore. Permission was originally granted by President Ann Cudd, but the PSU president reversed course on Monday and saying it needs to come down because of health and safety hazards. (Beth Nakamura/The Oregonian via AP)
Pro-Palestinian protesters occupied Portland State University's library, advocating for a cease-fire in the Israel-Hamas war, on Tuesday, April 30, 2024, in Portland, Ore. (Dave Killen/The Oregonian via AP)
A demonstrator pumps his fist as he hangs a sign from a window in Hamilton Hall inside the Columbia University campus, Tuesday, April 30, 2024, in New York. (AP Photo/Mary Altaffer)
A group of pro-Palestinian protesters gathered at Portland State University in support of a cease-fire in the Israel-Hamas war, Monday, April 29, 2024, in Portland, Ore. (Beth Nakamura/The Oregonian via AP)
Student protesters camp near the entrance to Hamilton Hall on the campus of Columbia University, Tuesday, April 30, 2024, in New York. Early Tuesday, dozens of protesters took over Hamilton Hall, locking arms and carrying furniture and metal barricades to the building. Columbia responded by restricting access to campus. (AP Photo/Mary Altaffer, Pool)
Members of the New York Police Department strategic response team escort protesters from Columbia University, Tuesday, April 30, 2024, in New York. After entering the campus, a contingent of police officers approached Hamilton Hall, the administration building that student protesters began occupying in the morning. (AP Photo/Julius Motal)
Members of the New York Police Department strategic response team load arrested protesters from Columbia University onto a bus, Tuesday, April 30, 2024, in New York. After entering the campus, a contingent of police officers approached Hamilton Hall, the administration building that student protesters began occupying in the morning. (AP Photo/Julius Motal)
Students with the Gaza solidarity encampment block the entrance of Hamilton Hall at Columbia University after taking over it on Tuesday, April 30, 2024 in New York. Columbia Students for Justice in Palestine called for mobilization close to midnight. (Marco Postigo Storel via AP)
Members of the New York Police Department strategic response team load arrested protesters from Columbia University onto a bus, Tuesday, April 30, 2024, in New York. After entering the campus, a contingent of police officers approached Hamilton Hall, the administration building that student protesters began occupying in the morning. (AP Photo/Julius Motal)
Members of the New York Police Department strategic response team load arrested protesters from Columbia University onto a bus, Tuesday, April 30, 2024, in New York. After entering the campus, a contingent of police officers approached Hamilton Hall, the administration building that student protesters began occupying in the morning. (AP Photo/Julius Motal)
A police bus loaded with protesters arrested at Columbia University departs an entrance to the campus on 114th Street, Tuesday, April 30, 2024, in New York. After entering the campus, a contingent of police officers approached Hamilton Hall, the administration building that student protesters began occupying in the morning. (AP Photo/Julius Motal)
Police stand in front of a University of Utah sign as they move demonstrators who had gathered to show support for Palestinians off the property at the University of Utah in Salt Lake City, Monday, April 29, 2024. (Scott G Winterton/The Deseret News via AP)
A police bus loaded with protesters arrested at Columbia University departs an entrance to the campus on 114th Street, Tuesday, April 30, 2024, in New York. After entering the campus, a contingent of police officers approached Hamilton Hall, the administration building that student protesters began occupying in the morning. (AP Photo/Julius Motal)
Members of the New York Police Department strategic response team move towards an entrance to Columbia University, Tuesday, April 30, 2024, in New York. After entering the campus, a contingent of police officers approached Hamilton Hall, the administration building that student protesters began occupying in the morning. (AP Photo/Julius Motal)
Using a tactical vehicle, New York City police enter an upper floor of Hamilton Hall on the Columbia University campus in New York Tuesday, April 30, 2024, after a building was taken over by protesters earlier Tuesday. Hundreds of police officers swept into Columbia University on Tuesday night to end a pro-Palestinian occupation of an administration building and sweep away a protest encampment, acting after the school’s president said there was no other way to ensure safety and restore order on campus. (AP Photo/Craig Ruttle)
Using a tactical vehicle, New York City police enter an upper floor of Hamilton Hall on the Columbia University campus in New York Tuesday, April 30, 2024, after a building was taken over by protesters earlier Tuesday. Hundreds of police officers swept into Columbia University on Tuesday night to end a pro-Palestinian occupation of an administration building and sweep away a protest encampment, acting after the school’s president said there was no other way to ensure safety and restore order on campus.(AP Photo/Craig Ruttle)
