California State Legislative Board v. Norman Y. Mineta

272 F.3d 1169 (9th Cir. 2001) CALIFORNIA STATE LEGISLATIVE BOARD; UNITED TRANSPORTATION UNION; DAVID W. EDEN, PETITIONERS v. NORMAN Y. MINETA, 1 SECRETARY OF TRANSPORTATION; DEPARTMENT OF TRANSPORTATION; JOLENE MOLITORIS, HON.; FEDERAL RAILROAD ADMINISTRATION, RESPONDENTS No. 00-70798 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted November 7, 2001 Filed December 4, 2001 Lawrence M. Mann, Washington, D.C., for the petitioners. Peter J. Plocki, U.S. Department of Transportation, Washington, D.C., for the respondents. Petition to Review a Decision of the Federal Railroad Administration. Agency No. Title 49 C.F.R. Before: Noonan, Hawkins, and Tashima, Circuit Judges. Noonan, Circuit Judge: 1 The California State Legislative Board of the United Transportation Union (the Union) and Daniel W. Eden seek review of a final decision of the Federal Railroad Administration (the FRA) that the San Joaquin Valley Railroad (the SJVR) did not violate the FRA's accident reporting regulations, 49 C.F.R. Part 225 (2001) and, in particular, Part 225.33's prohibition of harassment intended to discourage a person from reporting a railroad accident. Holding that the case did not…