mook Wrote:
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> Maybe true - IANAL and I haven't read the contract
> - but STB hasn't ruled on the main question yet.
> To the extent that railroads (usually short lines)
> are operators and not owners, this does raise a
> precedential issue: can the underlying owner
> (which may or may not be common carrier) control
> what the (common carrier) operator hauls, and
> how/to what extent? The fat lady has not yet sung;
> this is just the chorus tuning up.

What "main question" are you referring to?

In its ruling (linked above by the OP), the STB ruled that NWP is prohibited from storing hazardous materials on SMART property (they quote it in their ruling), which is what the cars at Schellville are - "stored," not "in tranzit." Therefore, SMART can deny authority for NWP to bring more loaded LPG cars in for storage.