News & Analysis as of

Railroads

Latham & Watkins LLP

Saudi’s New Railways Law Further Enhances the Kingdom’s Rail Infrastructure Projects

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The law, which took effect in June, impacts developers, investors, lenders, operators, and suppliers in the Saudi railway sector. As Saudi Arabia continues to make significant advances in urban development and mobility,...more

Morgan Lewis

US Supreme Court Grants Petition of Certiorari on Scope of NEPA Review

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The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows...more

Goldberg Segalla

Emissions, Interstate Commerce, and Locomotives: California Seeks to Limit Older Trains from Doing the Loco-Motion

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The California Air Resources Board has requested that the U.S. Environmental Protection Agency grant California an authorization pursuant to § 209(e)(2) of the Clean Air Act to, among other things, prohibit locomotives that...more

Saul Ewing LLP

U.S. Supreme Court to Review Whether NEPA Requires Agencies to Consider Environmental Effects Beyond the Proximate Effects of...

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On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act...more

Beveridge & Diamond PC

The Fifteenth Court of Appeals: What Texas’s New Appeals Court Means for Environmental Litigation

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On June 11, 2024, Texas Governor Greg Abbott announced his inaugural appointments to the new Fifteenth Court of Appeals. The new intermediate court of appeals will take effect on September 1, 2024, and have statewide...more

Husch Blackwell LLP

U.S. Supreme Court Decision Reshapes FAA Exemption for Transportation Workers

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In a unanimous ruling earlier this month, the Supreme Court in Bissonnette, et al., v. LePage Bakeries Park St., LLC, et al., 601 U.S. ----144 S.Ct. 905 (2024) held that transportation workers need not work for a company in...more

Troutman Pepper

EDVA Dismisses Challenge to Virginia Statute on Broadband Access

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Litigation challenging government economic regulation has become more common, as courts appear increasingly less deferential to legislative and executive action. Most of this type of litigation focuses on federal regulation,...more

Womble Bond Dickinson

Looking Back and Looking Forward: What Has Happened in the Year Since the East Palestine Train Derailment

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In the year since the East Palestine train derailment, rail safety has been a hot button issue in the United States. After the East Palestine derailment dominated news headlines in late February and March of 2023, there...more

Holland & Knight LLP

MinAmbiente publica Proyecto de Decreto sobre requisitos para proyectos férreos de Colombia

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El Ministerio de Ambiente y Desarrollo Sostenible (MADS o MinAmbiente) de Colombia publicó para comentarios el Proyecto de Decreto que pretende modificar y adicionar el Decreto 1076 de 2015 en el sentido de flexibilizar las...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Rules on Ownership of East Lake Sammamish Trail Shorelands

On January 25, the Washington Supreme Court decided that title to a corridor of shorelands along Lake Sammamish vested in the property owners instead of King County. The case involved interpretation of Washington’s...more

Schwabe, Williamson & Wyatt PC

Federal Grants for Office-to-Residential Conversions and Transit-Oriented Development

As we’ve previously discussed, the Washington legislature recently passed legislation to allow conversion of underutilized commercial office space to residential units. The federal government recently established and...more

Hogan Lovells

TSA revises rail cybersecurity directives for passenger and freight railroads

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In October 2023, the Transportation Security Administration (TSA) updated three of its cybersecurity directives regulating passenger and freight railroad carriers. The following security directives have been renewed for one...more

Skadden, Arps, Slate, Meagher & Flom LLP

Activists Assemble: Recent Trends in Activist Campaigns Targeting UK Investment Trusts

The United Kingdom has long been a target destination for activist investors. It is the venue for nearly half of all of recent activist campaigns in Europe. In previous articles, we have discussed how informed boards should...more

Allen Matkins

California Environmental Law & Policy Update 11.10.23

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Federal environmental regulators are taking action that eventually could transform the way motor vehicle tires are manufactured to reduce toxic runoff from 6PPD, a substance used in tire production that kills or harms some...more

Bennett Jones LLP

Fish(es), Minerals, Train Tracks and Parks (and the law of Constructive Taking)

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The Law of Taking was Fishy - If you give a man a fish, you feed him for a day. If you teach a man to fish, you feed him for a lifetime. But what if a man has the right to sell fish, and he builds his business...more

Jones Day

CARB Approves Regulation to Reduce Railroad Emissions

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On April 27, 2023, the California Air Resources Board ("CARB") approved a first-in-the-nation regulation that limits the emission of greenhouse gases, criteria pollutants, and toxic air contaminants from locomotives in the...more

Holland & Hart - Your Trial Message

Expect Skepticism (and Some Support) for Railroads

It hasn’t been the easiest year for America’s railroad companies. Last Fall, in the midst of an inflationary panic, a national rail strike threatened to disrupt the nation’s shipping system, before that was resolved through a...more

Perkins Coie

Governor Newsom Proposes CEQA Reform

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Governor Gavin Newsom announced an ambitious and wide-ranging plan on May 19 to expedite the development of important infrastructure projects across the state, with the twin goals of building California’s clean energy future...more

Console and Associates, P.C.

Railroad Workers Develop Cancer at a Higher Rate Than Employees in Other Industries

Most jobs present some level of risk to employees. However, most occupational risks are well known, which gives prospective employees the ability to make the decision whether the job is worth the potential risk involved....more

Nossaman LLP

Railway Fails to Establish Right to Use Eminent Domain

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In eminent domain cases, it is uncommon that right to take challenges are upheld, and when they are, it is typically a procedural deficiency that can be cured. It is even more unusual where a right to take challenge is...more

Downey Brand LLP

Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate

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In E. Oakland Stadium Alliance v. City of Oakland (Mar. 30, 2023, No. A166221) ___Cal.App.5th___ [2023 Cal. App. LEXIS 240], the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s...more

Benesch

InterConnect Newsletter - Spring 2023

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In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to...more

Benesch

Biometric Bombshells: Twin Shots Across the BIPA Bow

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Effective development and deployment of innovative technology is often a key differentiator among providers of transportation and logistics-related services. Of course, innovation can also create certain risks that must be...more

Benesch

Top 3 Legislative Actions Following the East Palestine Derailment

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In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to...more

Stinson LLP

Federal Railroad Administration Updates Civil Penalty Schedules and Guidelines

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The Federal Railroad Administration (FRA) announced that it has doubled all of its rail safety civil monetary penalty (CMP) base amounts for violations of rail safety and hazardous materials regulations. The changes are...more

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