News & Analysis as of

Railroads

Positive Train Control: Roadblocks to Interoperability

by Holland & Knight LLP on

Positive Train Control ("PTC") is a system that will automatically apply the train’s brakes in certain situations. PTC systems consist of technologies designed to help detect dangerous situations and automatically intervene...more

D.C. District Judge Denies Class Certification in Fuel Surcharge Antitrust Case

by Holland & Knight LLP on

In the most closely watched rail industry litigation in the country, the U.S. District Court for the District of Columbia has denied class certification in the railroads’ fuel surcharge antitrust litigation. The long...more

Faceoff with Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also...

In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101 et seq.) (“ICCTA”) does not preempt the application of the California Environmental...more

Ukraine: ripe for investment

by DLA Piper on

Ukraine’s infrastructure has huge potential and the increase of agricultural exports is one of the key catalysts of infrastructural development. It seems that the time is right for investment....more

CA Supreme Court Holds CEQA Not Preempted by Federal Rail Transportation Law for Projects Carried Out by State Agencies

by Perkins Coie on

The California Supreme Court has issued its decision in Friends of the Eel River v. North Coast Railroad, an important case regarding preemption of state environmental law by the Interstate Commerce Commission Termination Act...more

Calif. High Court: U.S. Rail Law Doesn't Categorically Pre-empt CEQA on Public Entity Projects - Decision Sets Up Showdown with...

by Holland & Knight LLP on

The California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21000 et seq., imposes significant procedural and substantive requirements on private and public projects throughout the state. However, even a state law...more

STB Finds Arkansas City's Effort to Create New At-Grade Rail Crossing is Pre-empted

by Holland & Knight LLP on

The Surface Transportation Board (STB) has found that efforts by the city of Ozark, Ark., to force the reinstallation of a highway-rail at-grade crossing are pre-empted by federal law....more

“Self-Governance,” Not “Regulation”: California Supreme Court Rules No Federal Preemption of CEQA under ICCTA for State-Owned Rail...

by Downey Brand LLP on

On July 27, the California Supreme Court released its long-awaited decision in Friends of the Eel River v. North Coast Railroad Authority (S222472), resolving a split among the State’s courts of appeal—but arguably...more

California Supreme Court Holds CEQA Applies to State Entity’s Railroad Project on State-Owned Rail Line As Act of...

by Miller Starr Regalia on

On July 7, 2017, the California Supreme Court filed its 69-page opinion, written by Chief Justice Cantil-Sakauye and joined by five other justices, in Friends of the Eel River v. North Coast Railroad Authority, et al. (2017)...more

No Idle Matter — D.C. Circuit Holds that State’s Attempt to Regulate Locomotive Noise is Preempted by ICA and ICCTA

by Lane Powell PC on

States and municipalities commonly attempt to curb or eliminate noise generated by locomotives and rail cars as they pass through their jurisdictions. A recent attempt by the state of Delaware to shut down idling locomotives...more

Eighth Circuit Strikes Down STB Rules Defining "On-Time" Passenger Performance

by Holland & Knight LLP on

In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more

Surface Transportation Board Acts to Protect Integrity of its Financial Assistance Process

by Holland & Knight LLP on

The Surface Transportation Board (STB) has adopted new rules to prevent abuse of offers of financial assistance (OFAs) under the ICC Termination Act of 1995. Under the OFA process, a party that wants to preserve rail service...more

NTSB Publishes Two Rules Governing Agency Investigative Regulations

by Holland & Knight LLP on

The National Transportation Safety Board (NTSB) on June 29, 2017, published a final rule covering 49 C.F.R. 831 subparts A-D and an interim final rule for 49 C.F.R. 831 subpart E, both of which are effective July 31, 2017...more

“We meant what we said” – U.S. Supreme Court Continues To Rein In Personal Jurisdiction

by McCarter & English, LLP on

This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific...more

Running a 21st Century Railroad with 20th Century Job Skills: How to Accommodate Disabilities?

by Murtha Cullina on

On March 7, 2011, Peter Joyce, Jr. (“Joyce”) filed a complaint with the Massachusetts Commission Against Discrimination (“MCAD”), claiming that Respondent CSX Transportation (“CSX”): (1) denied him a reasonable accommodation...more

Recent United States Supreme Court Decision Further Constricts Use Of General Personal Jurisdiction To "Forum Shop" Against...

by Roetzel & Andress on

The Supreme Court’s recent decision in BNSF Ry. Co. v. Tyrrell (BNSF), No. 16-405, 2017 WL 2322834, (U.S. May 30, 2017) demonstrates why personal jurisdiction should be examined in response to every lawsuit filed against a...more

United States Supreme Court Limits Forums Available to Railroad Workers

by Liskow & Lewis on

The United States Supreme Court, in BNSF Railway Co. v. Tyrrell (May 30, 2017), declined to allow a personal injury plaintiff to sue a railroad company in a state in which the railroad does business but is not incorporated or...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

Supreme Court Decides BNSF Railway Co. v. Tyrrell

by Faegre Baker Daniels on

On May 30, 2017, the Supreme Court decided BNSF Railway Co. v. Tyrrell, No. 16-405, holding that § 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction and thus limiting the fora in which a...more

States May Not “Hale” an Out-of-State Railroad: No Personal Jurisdiction, Supreme Court Rules

On May 30, 2017, the Supreme Court of the United States held that section 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction over railroads. The two underlying lawsuits were filed in...more

Redevelopment of Route 110 in East Farmingdale

by Farrell Fritz, P.C. on

The Town of Babylon’s plan to revitalize the Route 110 corridor in East Farmingdale, NY keeps moving forward. The Town began targeting this area for transformation in 2005. It now looks like the Town may be closer than ever...more

Transportation Developments in the Trump Administration's First 100 Days

by Holland & Knight LLP on

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

A Faster Track to Rate Relief? Maybe and Maybe Not.

by Freeborn & Peters LLP on

After conducting informal meetings with stakeholders, issuing an Advance Notice of Proposed Rulemaking in June, 2016 and receiving hundreds of pages of comments, the STB last week issued a Notice of Proposed Rulemaking...more

FDA sanitary transport rule impacts railroads, other shippers

by Thompson Coburn LLP on

The Food and Drug Administration’s new Sanitary Transport of Human and Animal Food Rule takes effect on April 6, 2017, imposing new rigorous food safety regulations on food shippers – including railroads – and creating a...more

Hey, Tree Huggers, Where Are Those Odes to Our Roads of Rail?

by PretiFlaherty on

I’ve been working for the railroad. And not just to pass the time away. No, I’ve been lobbying, which is undoubtedly easier than working on the railroad, involving as it does heavy, outdoor work in all kinds of...more

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