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High Speed Rail Moves Forward Without CEQA Review

The Surface Transportation Board (“STB”) issued a declaratory order in a 2-1 vote last Friday, finding that the California Environmental Quality Act (“CEQA”) is categorically preempted by federal law, as it relates to the...more

Drone on Drones: FAA Issues Commercial Drone Permits to Additional Companies

In the face of increasing public and congressional pressure to speed up access to domestic skies for commercial drone use, the FAA granted four companies permission to use drones for aerial surveillance, construction site...more

Federal Preemption May Be The Key For Calif. Railroads

Railroad operators across the U.S. are seeing a bright future due to the resurgence in freight rail traffic. Intermodal (i.e., cargo container) shipping is booming. In 2013, intermodal volume on the major railroads totaled...more

RE: Bakken Crude-by-Rail: Environmental Groups Ask New York State to Regulate DOT-111 Tank Cars

A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more

Agencies Beware: Supreme Court Leans Toward Air Marshal Whistleblower in Oral Argument

On November 4, 2014, the Supreme Court heard oral arguments in Dep’t of Homeland Security v. MacLean, bringing closer to an end the lengthy dispute between Robert MacLean and his former employer, the Transportation Security...more

FAAAA Does Not Preempt California Meal and Rest Period Requirements

In Godfrey v, Oakland Port Services Corp., which was decided on October 28, 2014, the California Court of Appeal issued a published decision holding that the Federal Aviation Administration Authorization Act of 1994 (FAAAA)...more

An Update on DOT’s Passenger Protection Rulemaking #3, NextGen, Ebola, Drones, Enforcement Actions, Security Fees and Other...

Department of Transportation: Regulatory - Comments Filed on DOT’s Passenger Protection #3 Rulemaking: U.S. and foreign airlines, airline associations, airports, consumer groups, on-line travel agencies,...more

Update on the California High Speed Rail System

James Andrew, Assistant Chief Counsel for the California High-Speed Rail Authority (“CHSRA”), spoke Tuesday, October 14, at the Sacramento County Bar Association, Environmental Law Section Luncheon. He stated that High-Speed...more

Railroad Companies Allege Federal Law Governing Petroleum Transport Preempts SB 861

Railroad transportation of raw petroleum, often referred to as “crude-by-rail,” has received increasing media attention in recent months, due to health and environmental concerns. California took a stab at legislating rail...more

First Circuit Favors Broad Application of Analogue to Airline Deregulation Act Preemption Provision

On September 30, 2014, in Massachusetts Delivery Association v. Coakley, No. 13-2307 (September 30, 2014), the First Circuit Court of Appeals overturned a lower court’s refusal to preempt a Massachusetts independent...more

Frequent-Flyer Class Actions Likely To Be Less Frequent

Airlines offer frequent-flyer programs to reward loyal customers and attract new ones by awarding various perks based on the “miles” each member accumulates. In practice, however, frequent-flyer programs too often attract...more

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

California High Speed Rail Dodges Legal Bullet

In Town of Atherton v. CA High Speed Rail Authority, No. C070877 (Cal. Ct. App. 3d Dist., July 24, 2014), the Third Appellate District upheld the High-Speed Rail Authority’s (HSRA) Program Environmental Impact Report/ Program...more

Of High Speed Rails and Litigation Snails: The Train Rolls On As Third District Rejects Additional CEQA Challenges To High-Speed...

While CEQA actions are statutorily designed as special proceedings with priority over other civil actions, and thus mandated to be heard and resolved expeditiously, when complex or controversial projects with dedicated...more

Motor Carriers Face Uphill Battle After California Supreme Court Decision

Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not...more

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

Ninth Circuit Holds FAAAA Does Not Preempt California’s Meal and Rest Break Laws

Last week the U.S. Court of Appeals for the Ninth Circuit concluded, in Dilts v. Penske Logistics, LLC, that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt the application of...more

The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves...

On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation...more

Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls -...more

Air Marshal Whistleblower v. TSA: Supreme Court to Blow Final Whistle

On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned...more

The Supreme Court’s Ginsberg Decision Could Significantly Affect the Outcome of Motor Carrier Preemption Cases

In a unanimous decision, the U.S. Supreme Court recently held that the Airline Deregulation Act (ADA) can preempt even common law claims for breach of the implied covenant of good faith and fair dealing if such claims relate...more

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

United States of America v. DHL Express (USA), Inc.

Decision by the U.S. Court of Appeals Second Circuit regarding false claims against the government by carrier DHL (02/05/2014).

In this significant decision by the U.S. Court of Appeals Second Circuit regarding false claims against the government by carrier DHL, the Second Circuit ruled that the 180-day transportation statute, cited in the earlier...more

InterConnect FLASH! No. 35 - Focusing on Solutions Rather than the Problem

As we flip the page on the calendar to close out the year, the title of the recent editorial in the Arkansas Trucking Report, “Good Things Come to Those Who Change,” really hit home. The editorial focused on the idea of...more

Carrier's Website Does Not Limit Liability Under Carmack Amendment

A recent decision in District Court in New Jersey may interest insurers subrogating transportation claims. In particular, it sets forth the legal argument to challenge target-carriers’ arguments about purported limitations of...more

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