Surface Transportation Board Decision; Docket No. FD 36609; FOSTER POULTRY FARMS - EX PARTE PETITION FOR EMERGENCY SERVICE ORDER

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Description

The Surface Transportation Board (Board) issued a decision that directs Union Pacific Railroad Company (UP) to carry out specific service commitments to Foster Poultry Farms (Foster Farms) following Foster Farms’ petition for emergency service resulting from UP’s reduced delivery of animal feed. Foster Farms feeds roughly one million cattle and 50 million chickens requiring nine trains of feed per month and had to file a similar petition with the Board in June. Foster Farms claims it has cut off feed to the dairy cattle to preserve corn for feeding the chickens, which are more susceptible to starvation, but that current feed stocks only would last through January 7, 2023. The Board issued a decision ordering UP to deliver specific train loads of animal feed to Foster Farms on a specified time schedule to avert a potential significant loss of livestock in California.

[To accompany Agency Update "Surface Transportation Board Orders Union Pacific to Adhere to Rail Schedule to Ensure Delivery of Animal Feed and Prevent Loss of Livestock at Foster Farms" from Brooks Animal Law Digest Issue No. 172.]