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**Summary:**

Union Pacific (UP) is challenging Metra’s request to the Surface Transportation Board (STB) for trackage rights on UP lines in the Chicago area. UP argues that the STB lacks jurisdiction because Metra primarily operates within Illinois (intrastate), citing the small percentage of Metra passengers using the Kenosha, Wisconsin station. UP claims Metra previously argued it wasn’t subject to the Interstate Commerce Commission (ICC) due to its intrastate nature. UP suggests Metra should negotiate access fees commercially instead of seeking regulatory intervention. This comes amid ongoing disputes over those fees, with UP urging Metra to accept its latest offer.

**News Article:**

**Union Pacific Challenges Metra’s Trackage Rights Request, Citing Lack of Federal Jurisdiction**

**WASHINGTON D.C. —** Union Pacific (UP) is aggressively pushing back against Metra’s attempt to secure trackage rights in the Chicago area, arguing that the Surface Transportation Board (STB) lacks the authority to intervene in the dispute. In a motion filed today, UP claims Metra’s operations are primarily intrastate, falling outside the STB’s jurisdiction.

The dispute centers around Metra’s request for terminal trackage rights on UP lines, filed in March, which Metra said was essential to ensure its trains continue operating beyond the June 30 expiration of the current contract.

UP’s filing points to the fact that Metra serves only one station outside of Illinois – Kenosha, Wisconsin – and that the ridership to that station accounts for only a minuscule 0.01% of Metra’s total passenger volume. UP contends this “de minimus” amount of interstate transportation doesn’t alter the fundamental intrastate nature of Metra’s service. They also highlight Metra’s past arguments before the now-defunct Interstate Commerce Commission (ICC) that it was not subject to federal jurisdiction due to its intrastate nature.

“Metra’s request suffers a fatal jurisdictional defect,” UP stated in its filing.

Instead of regulatory intervention, UP suggests Metra should return to commercial negotiations to resolve the ongoing dispute over access fees. UP referenced a May 21st letter from its CEO to Metra’s Executive Director, assuring that UP intends to keep Metra services running.

This move comes just days after UP publicly urged Metra to accept its latest terms for track access, which UP claims are comparable to agreements with other commuter rail operations in Illinois, Colorado, and California. Metra said Thursday it was reviewing the latest UP proposal.

The outcome of this jurisdictional challenge could have significant implications for Metra’s future operations and access to vital rail infrastructure in the Chicago region.

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