Transportation Administrative Agency

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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

The Impact of New Heavy Vehicle Regulations in the Road Transport Industry

With the Heavy Vehicle National Law (HVNL) beginning in February 2014 and the Road Safety Remuneration Tribunal's first Road Safety Remuneration Order (RSRO) commencing in early May 2014, this year promises to be challenging...more

FTA And FHWA Issue New MAP-21 Guidance That Could Penalize Wildlife Agencies

The Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, governs Federal funding and authorization for certain surface transportation projects. Included in MAP-21 is a provision requiring all Federal...more

The Federal Aviation Administration Appeals Most Recent Drone Ruling

The Federal Aviation Administration (FAA) has appealed this month's ruling by an administrative law judge striking down a fine against paid photographer who had strapped cameras to a model airplane and photographed the...more

FAA Lacks Authority to Ground Small UAVs Used for Commercial Purposes

A victory for a small commercial unmanned aerial vehicle operator demonstrates the Federal Aviation Administration’s struggle to keep pace with new technologies. On March 6, 2014, an Administrative Law Judge (ALJ) of...more

Administrative Law Judge Rules Camera-Equipped Model Airplanes Are Cleared for Take-Off

A ruling by an administrative law judge punches a hole through the FAA's ban on the unlicensed use of commercial drones. The decision may be significant for ongoing discussions in Congress and in Indian Country about drone...more

9th Circ. Simplifies Enviro Process For Transit Projects

In a decision of national importance for transit and highway projects, on Feb. 18, 2014, the Ninth Circuit Court of Appeals rejected environmental challenges to the 20-mile Honolulu Rail Transit Project. On the same day, the...more

Decision Yesterday Deals Blow to FAA Prohibition on the Use of Commercial Drones

In a setback to the FAA's ban on the unlicensed use of commercial drones, a federal administrative law judge has ruled that the FAA could not fine a Virginia man who used a model aircraft to take photographs and film for...more

Safety Alerts and Other Recommendations in the Wake of Rail Accidents Involving Bakken Formation Crude Oil

Recent accidents involving rail cars transporting crude oil from the Bakken shale region have resulted in the heightened interest of rail industry regulators and other federal agencies, including the Pipeline and Hazardous...more

Keystone XL Pipeline Project Halted in Nebraska

On Wednesday, a Nebraska District Court dealt the Keystone XL pipeline project a heavy blow. The court invalidated a law that allowed the state's governor to approve the pipeline's passage through Nebraska. The court ruled...more

FAA Selects Unmanned Aircraft Systems Test Sites; Regulatory Questions Remain

FAA Action - On December 30, the Federal Aviation Administration (FAA) announced that it has selected six public entities to serve as research and testing sites for unmanned aircraft systems (UAS). In selecting the...more

Texas Supreme Court Upholds Gas Utility's Rate Schedule Containing a Cost of Service Adjustment Clause

On January 17, 2014, the Texas Supreme Court held that the Railroad Commission of Texas (the "Commission") has the authority to adopt a gas utility rate schedule providing for automatic annual adjustments based on increases...more

Railroad Commission Order Clarifies Scope of the Common Carrier Act

Last week, in a 3-0 decision, the Railroad Commission of Texas ("Railroad Commission") overturned a Hearings Examiner's interim ruling that the Common Carrier Act does not apply to a pipeline transporting ethylene. In a case...more

New Hours-of-Service Regulations Effective Today, July 1, 2013

Legal Alert: The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) announced that new federal regulations designed to reduce truck driver fatigue took full effect today, July 1, 2013. ...more

Additional Exhaustion of Administrative Remedies Requirements for Industries Governed by Federal Transportation Laws

The requirement for an employee to exhaust administrative remedies may go beyond filing a charge with the Equal Employment Opportunity Commission (“EEOC”) and state employment agencies. Industry-specific exhaustion...more

Changes Ahead For The Texas Railroad Commission?

The Texas Railroad Commission is going through the Sunset review required every 10 years for all state agencies. If approved, the pending legislation (House Bill 2166) would...more

EU-ETS : Has The Clock Really Been Stopped?

This article examines the consequences for operators (in particular business aircraft operators) of the "Stop The Clock" decision on the EU-ETS....more

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

Eminent Domain to Be Used for I-80 and I-680 Interchange

California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more

More Infrastucture Coming Your Way California

As we mentioned in our recent 2012 Eminent Domain Year in Review, we've seen a boom of infrastructure projects in California -- a trend we expect to continue into the near future. So what exactly are we talking about? ...more

Major Construction Scheduled to Begin on Interstate 5/Ortega Highway Interchange

As recently reported in the San Clemente Times, Caltrans is scheduled to begin construction on the Interstate 5/Ortega Highway Interchange project in mid-February. ...more

Massachusetts 2013 – 2014 Legislative Session Preview

The 188th Massachusetts Legislature began the 2013 – 2014 legislative session on January 2. This alert identifies the key public policy issues that will likely emerge in the current session and offers insight into their...more

Pennsylvania's P3 Implementation Manual: An Overview

On January 9, 2013, the Pennsylvania Public-Private Transportation Partnership Board (P3 Board) approved the Implementation Manual for Solicited and Unsolicited Projects (Implementation Manual), which provides highly...more

Energy and Environment Update -- January 6, 2013

In This Issue: Energy and Climate Debate; Congress; Department of Energy; Department of Interior; Department of Transportation; Environmental Protection Agency; Federal Trade Commission; Nuclear Regulatory Commission;...more

New FMC Commissioner Could Lead to Continuing Reforms of U.S. International Ocean Transportation System

On Tuesday, the United States Senate confirmed William P. Doyle, of Pennsylvania, to be a Federal Maritime Commissioner for the term expiring June 30, 2013. Commissioner Doyle joins Chairman Richard A. Lidinsky, Jr., Michael...more

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