Transportation Updates

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Maritime Cybersecurity: A Growing Threat Goes Unanswered

The maritime industry may beone of the oldest in the world, but in-depth reports issued by the United States Accountability Office (“GAO”) and the European Network and Information Security Agency (“ENISA”) confirm that our...more

FDOT Announces Apparent Best Value Proposer for I-4 Managed Lanes Project

The Florida Department of Transportation (FDOT) announced today that it has selected I-4 Mobility Partners as the apparent best value proposer to design, build, finance, operate and maintain the I-4 Ultimate project. ...more

Workers' Compensation and Truck Drivers: Occupational Accident policies

If you are an independent contractor you may still file a good claim for workers' compensation in North Carolina. Our workers' compensation law has a clear exception to the general rule against independent contractors....more

Workers' Compensation and Truck Drivers: back injuries

Your back hurts, you’ve got pain down your legs, and the workers' compensation adjuster is telling you that you didn’t have an accident. If you are like most people you think of an “accident” as a “slip, trip, or fall.” For...more

California’s High Speed Rail Project. Are We Done With the Drama?

Proponents of California’s high-speed rail project cleared a major hurdle this past week when the California Supreme Court declined to review a California Court of Appeals ruling which held that the state’s funding plan did...more

Workers' Compensation and Truck Drivers: Independent contracts and employees

Ordinarily only employers with three or more employees are required to carry workers’ compensation insurance. Independent contractors are not covered by the workers' compensation laws. However in an exception carved out just...more

Environmental Groups Seek to Derail Bakersfield Crude-by-Rail Project

A coalition of environmental groups has filed a lawsuit challenging Kern County’s approval of the first substantial oil-by-rail expansion project at a California refinery, alleging that the comprehensive Environmental Impact...more

California Environmental Law and Policy Update - October 2014 #3

Environmental and Policy Focus - Environmental groups fight Southern California tar sands oil project: Courthouse News Service - Oct 13: Kern County illegally approved expansion of a local refinery that will let it...more

Japanese Shipping Company Rolls Over, Pleads Guilty to Price Fixing

On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on,...more

Mainbrace - October 2014, No. 3

In This Issue: - Maritime Cybersecurity: A Growing Threat Goes Unanswered - Valuation in Maritime Chapter 11 Cases: Genco and “NAV” - Is the U.S. Prepared Legally and Operationally to Protect Its Arctic...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

Developments in EU Transport Law - October 2014

Excerpts from this Newsletter: European Commission: Violeta Bulc as new Transport Commissioner-designate - On 15 October 2014, the Council of the European Union today adopted the list of...more

FAA Clears the Drone Runway for Hollywood; California Governor Grounds AB-1327

The Federal Aviation Administration (FAA) announced on September 25, 2014, that it approved exemptions to six aerial photo and video production companies to use unmanned aircraft systems - or drones, as they are otherwise...more

Ebola Preparedness for Employers: U.S. OSHA Launches Ebola Web Page

The United States Occupational Safety and Health Administration (OSHA) has launched an Ebola Web Page for employers providing information on Ebola and how to protect workers. OSHA states that workers, including...more

Fall 2014 CEQA Roundup: Legislative and Regulatory Developments

A number of recent legislative and regulatory developments in or related to CEQA will impact public agencies, developers, and practitioners in the coming year. Some significant recent developments include: SB 743...more

“Black Car” Drivers Found to be Independent Contractors

Recently, courts in highly-publicized independent contractor misclassification cases in the transportation sector have issued determinations finding the workers to be employees. However, a recent decision from the Southern...more

Enactment of SB 785 Clears Caltrain Electrification for Design-Build

California Governor Edmund G. Brown, Jr., has signed California Senate Bill (SB) 785. As my colleague Nancy Smith has observed, enactment of SB 785 is a major step forward for the State of California, because now many more...more

Wrap-Up of Federal and State Chemical Regulatory Developments, 10/14

EPA Schedules SAP Meeting On Endocrine Activity: On September 16, 2014, the U.S. Environmental Protection Agency (EPA) announced that it has scheduled a four-day meeting of the Federal Insecticide, Fungicide, and Rodenticide...more

High-Speed Rail Authority May Use Bond Funds – Supreme Court Rules

The California High-Speed Rail Authority (“CHSRA”) is gaining more steam in keeping the High-Speed Rail Project (the “Project”) on track. Today, the California Supreme Court issued a decision declining to review an appellate...more

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

Conservative Kansas Joins the Liberal Ninth Circuit in Rejecting the Independent Contractor Classification of Delivery Drivers

Last month we blogged about two Ninth Circuit opinions that deemed FedEx Ground drivers to be employees rather than independent contractors under California and Oregon law. Last week the Kansas Supreme Court joined them,...more

California Environmental Law and Policy Update - October 2014 #2

Environmental and Policy Focus - Obama to designate portion of San Gabriel Mountains a national monument: Los Angeles Times - Oct 8: President Obama plans to announce Friday that he will set aside roughly half of the...more

EEOC Sues FedEx Ground Package System, Inc., for Nationwide Disability Discrimination

Shipping Giant Repeatedly Failed to Provide Needed Accommodations to Deaf and Hard-of-Hearing Package Handlers and Applicants, Federal Agency Charges - BALTIMORE - Shipping giant FedEx Ground Package System, Inc.,...more

A Possible Green Light for Patient Transportation Services: OIG Proposes Revised Safe Harbors to the Anti-Kickback Statute for...

On October 3, 2014, the Office of Inspector General of the Department of Health and Human Services (“OIG”) published a proposed rule and request for comments (“Proposed Rule”), which would amend the Anti-Kickback Statute...more

Automobile Technology- Set to Change the Face of Liability Litigation

Google recently announced its first truly driverless vehicle. Google’s vehicle allows an individual to “drive” a car while never touching the steering wheel. It is completely autonomous. It is sure to be the first of many...more

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