Railroads

News & Analysis as of

Energy Newsletter - September 2014

In This Issue: - Natural Gas Imports into China – Prospects for Growth - Obrascon Huarte Lain SA v Her Majesty's Attorney General for Gibraltar: A rare look at the FIDIC form of contract - D.C. Circuit...more

TX House Subcommittee Hears Testimony from Railroad Commission Seismologist on Proposed Rules Related to Disposal Wells in...

Following the Texas Railroad Commission’s recent proposal for additional rules related to disposal wells in “high-risk” seismic areas, on Monday, August 25, members of the Texas House Subcommittee on Seismic Activity heard...more

Texas Railroad Commission Proposes New Regulations for High-Risk Seismic Areas

On Tuesday, amidst claims that hydraulic fracturing could be causing earthquakes in some parts of Texas, the Texas Railroad Commission proposed amendments to permitting regulations for injection wells. The proposed rules...more

Energy Newsletter - August 2014

In This Issue: - Fifth Circuit Reins In Trend of Expanding ESA Liability for Remote Harm - Japan's Pivotal Role in the Global LNG Industry's 50-Year History - Government of Greece to Launch New Licensing...more

Rules for Rail Transport of Crude Oil and Ethanol Still a Work in Progress

In response to rail accidents over the past several years involving crude oil and ethanol, the U.S. Department of Transportation (“DOT”) has been working with industry stakeholders and the National Transportation Safety Board...more

Orrick's Financial Industry Week in Review

Bank of England Publishes Statement on Enforcement Action Against Lloyds Bank PLC and Bank of Scotland PLC - On July 28, the Bank of England published a statement on Financial Conduct Authority enforcement action...more

USDOT Proposes New Rules for Rail Transport of Fossil Fuels

On Wednesday, July 23, 2014 the Pipeline and Hazardous Materials Safety Administration (“Administration”), an agency within the U.S. Department of Transportation (“USDOT”), issued a Notice of Proposed Rulemaking (“NOPR”) for...more

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

State and Local Communities Respond to Crude-by-Rail Safety Issue

July 6 marked the one year anniversary of the crude oil derailment in Lac Megantic Quebec, which significantly heightened throughout North America the awareness about safety issues surrounding crude by rail. This heightened...more

Rail Corporation New South Wales v King [2014] NSWCA 207

The New South Wales Court of Appeal recently handed down judgment in the matter of Rail Corporation New South Wales v King. The facts of the matter are that at 3:00 am on the morning of Saturday, 2 September 2006, Shane King...more

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

Mississippi High Court Vacates Widow’s $1.1 Million Silica Sand Verdict for Insufficient Evidence

The Mississippi Supreme Court recently reversed a $1.1 million jury verdict of a widow of a former railroad worker. In Mississippi Valley Silica Company, Inc. v. Reeves, (Supreme Court of Mississippi, No. 2012-CA-01702-SCT,...more

Supreme Court Grants Certiorari To Two State Tax Cases

On July 1, 2014, the Supreme Court granted certiorari to two state tax cases, just one day after denying certiorari in the Mississippi Equifax case. The two cases, which will be heard during the Court’s October 2014 term,...more

Observations of the Sixth Annual Developing Unconventional Gas Conference

I had the great learning experience of attending The Sixth Annual Developing Unconventional Gas Conference, known as DUG East, earlier this month. The conference is based around the sharing of ideas, performance updates, and...more

Update from the American Public Transportation Association 2014 Rail Conference

The American Public Transportation Association (“APTA”) held its Rail Conference on June 15 through 18, 2014, in Montréal, QC. In addition to the technical sessions for which APTA is well-known, a main theme of the Rail...more

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

DOT Issues Emergency Order For Transport Of Crude Oil From Bakken Shale Region (UPDATE)

On May 23, 2014, the Department of Transportation’s Federal Railroad Administration clarified its May 7, 2014, Emergency Order Regarding Notification to Communities of Bakken Crude Oil Shipments through the release of...more

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

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

Department of Transportation Issues Order Requiring Rail Carriers To Notify States of Crude Shipments

In response to recent derailments of trains transporting crude, the Department of Transportation issued an emergency order pursuant to its regulatory authority over the transportation of hazardous materials. The order applies...more

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

Trails-to-Rails-to-?: The Brandt Case and its Potential Impact on the Nation’s Trails

A recent Supreme Court case may have a far-reaching impact on many of the United States’ “rails-to-trails” biking and jogging paths. In March, the Supreme Court held in an 8-1 decision that rights of way granted to railroad...more

DOT Issues Emergency Order For Transport Of Crude Oil From Bakken Shale Region

On May 7, 2014, the U.S. Department of Transportation (DOT) issued an Emergency Order requiring all railroads operating trains containing bulk quantities of UN 1267, petroleum crude oil, Class 3, that either originates or is...more

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

Whistleblower Suit Filed Against Texas Railroad Commission

Frederick Wright recently sued the Texas Railroad Commission for terminating his employment in violation of state whistleblower laws. If the suit is not settled, it could attract considerable attention in Texas....more

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