Kevin Sheys

Kevin Sheys

Nossaman LLP

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Amtrak's Metrics-Making Power Hangs In The Balance

In July 2013, the D.C. Circuit ruled that Section 207 of the Passenger Rail Investment and Improvement Act of 2008 ("PRIIA"), under which Amtrak and the Federal Railroad Administration ("FRA") jointly established metrics and...more

7/30/2014 - Amtrak Federal Railroad Administration PRIIA Railways

Secretary Foxx and PHMSA Release Much-Anticipated Proposed Rule On Crude By Rail Tank Car Standards

The U.S. Department of Transportation Secretary Anthony Foxx and the Pipeline and Hazardous Materials Safety Administration (PHMSA) recenlty released a much-anticipated Notice of Proposed Rulemaking (NPRM) to improve the safe...more

7/24/2014 - Energy Hazardous Substances Oil & Gas PHMSA Pipelines

Supreme Court Grants Certiorari to Review D.C. Circuit Decision Hampering Amtrak's On-Time Performance

On June 23rd, the U.S. Supreme Court granted the government’s Writ of Certiorari to review the decision of the D.C. Circuit that many believe may be hampering Amtrak’s leverage with freight railroads and its on-time...more

7/23/2014 - Amtrak Certiorari On-Time Performance PRIIA Railroads SCOTUS

Amtrak and Maryland DOT Plan for Improvements to the Vital Baltimore and Potomac Tunnel Moves to the Public Input Stage

The 141-year-old Baltimore and Potomac (B&P) Tunnel is a major bottleneck on the Northeast Corridor, but Amtrak, the Maryland Department of Transportation (MDOT) and Federal Railroad Administration (FRA) are conducting a...more

7/9/2014 - Amtrak DOT Federal Railroad Administration Infrastructure Railroads

California Legislators Propose Two Bills on Crude by Rail

Two measures have been introduced in the California legislature to respond to the growth of crude-by-rail volume in the state. State Senator Fran Pavley (D-Agoura Hills) has introduced SB 1319, which would expand...more

6/11/2014 - Oil & Gas Oil Spills Railways Train Accidents

DOT Makes Changes To TIGER VI Application Review Process

The U.S. Department of Transportation has initiated changes to its TIGER Application review process effective for the pending TIGER VI round of funding. The most important change is that once a project receives a technical...more

6/9/2014 - DOT GAO Infrastructure TIGER Program

Amtrak, Norfolk Southern, Federal Railroad Administration and Indiana DOT Celebrate Commencement of Construction on the Indiana...

Last week, officials from Amtrak, Norfolk Southern and the Federal Railroad Administration and Indiana Governor Mike Pence gathered to celebrate commencement of construction on the Indiana Gateway Project....more

6/4/2014 - Amtrak Indiana Gateway Project Railroads Railways

Industry Group Study Says Bakken Crude Poses No Different Risks Than Other Crude Shipped By Rail

As rail shipments of crude oil moving out of North Dakota’s Bakken formation have risen in recent years, so have derailments of trains carrying crude oil throughout the United States and Canada. One facet of the debate over...more

6/2/2014 - Bakken Shale Energy Energy Policy Oil & Gas Railways Shale Gas Train Accidents

FRA Reminds Potential Applicants that Buy America Applies to RRIF

On May 14, the Federal Railroad Administration (“FRA”) posted a reminder that Buy America, a domestic preference law, applies to the Railroad Rehabilitation and Improvement Financing (“RRIF”) program. FRA posted the reminder...more

5/22/2014 - Buy America Federal Railroad Administration Infrastructure Railroads

Virginia Governor McAuliffe Announces State Rail Safety Task Force on Hazardous Material Transport

While federal officials continue their efforts to address railroad transportation of petroleum crude oil (crude-by-rail), Virginia intends to make a parallel but somewhat broader effort with respect to hazardous material rail...more

5/19/2014 - Bakken Shale Hazardous Substances Oil & Gas Oil Spills OMB PHMSA Proposed Regulation Railroads

Amtrak CEO Boardman Warns Hudson Rail Tunnels Have 20 Years Max Of Remaining Service

Amtrak CEO Joe Boardman is warning that one or both of the Hudson River rail tunnels will need to be shut down within the next 20 years. Boardman also noted that it would take seven to nine years to build and deliver new...more

5/12/2014 - Amtrack Railroads Rehabilitation and Restoration Plans

DOT Issues Emergency Order on Bakken Crude Oil Shipments

On May 7th, the U.S. Department of Transportation (DOT) issued an Emergency Order (EO) requiring all rail carriers to notify State Emergency Response Commissions (SERCs) regarding the expected routing of their unit trains of...more

5/9/2014 - Bakken Shale DOT Oil & Gas Oil Spills PHMSA Railroads SERC

EPA Asks STB to Resolve Preemption Question

The Administrator of Region IX of the Environmental Protection Agency (EPA) has petitioned the Surface Transportation Board (STB) for a declaratory order to address whether locomotive idling rules issued by the South Coast...more

4/11/2014 - CEQA Clean Air Act Environmental Policies EPA Interstate Commerce Preemption

President's Budget Includes Funding For Two LACMTA Projects

Possibly lost in the shuffle of the rollout last week is the news that the President’s budget proposal (PDF) includes $130 million to help fund two significant transit system improvements in Los Angeles, the Regional...more

4/18/2013 - Barack Obama Federal Budget Federal Transit Administration Public Transit

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