On April 17, 2023, WLF filed an amicus brief urging the Eighth Circuit to vacate an unlawful rule issued by the Surface Transportation Board. WLF’s brief shows how the Surface Transportation Board lacked statutory authority to issue the rule. It requires parties to arbitrate disputes, something that even the Surface Transportation Board admits it cannot order parties to do. The brief also explains why the Final Rule is arbitrary and capricious. Among its many defects, the Final Rule incorporates the worst parts of Major League Baseball’s salary-arbitration system and casts the best parts aside.
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