122143P.pdf   12/12/2013  Union Pacific Railroad Company  v.  U.S.Dept. of Homeland Security
   U.S. Court of Appeals Case No:  12-2143
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Riley, Author, with Melloy and Shepherd, Circuit Judges] 
   Civil case - Injunctions. In an appeal challenging the district court's 
   decision to set aside the Customs and Border Protection agency's 
   imposition of almost $38 million in fines against Union Pacific based on 
   the agency's seizure of illegal drugs secreted in trains brought across 
   the U.S.-Mexico border by two Mexican railroads, the district court did 
   not err in setting aside the fines as the agency lacked authority under 
   the Tariff Act - 19 U.S.C. Sec. 1584(a)(2) - to impose fines against Union 
   Pacific for drugs found on railcars it neither owned nor controlled; 
   however, the district court's injunctive order enjoining the agency from 
   penalizing Union Pacific "until such time as regulations permitting such 
   action are properly promulgated" must be set aside because the Tariff Act 
   does not authorize the agency to penalize Union Pacific for illegal drugs 
   found in cars it does not own or control and no regulation could be 
   "properly promulgated" to authorize such penalties; on remand, the 
   district court should only enjoin the agency from penalizing Union Pacific 
   for illegal drugs found on railroad cars it neither controls nor owns.