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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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