News & Analysis as of

Railroads

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

[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

by Nossaman LLP on

Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on...more

U.S. Government Loosens Controls on Transactions Involving Sudan

by Holland & Knight LLP on

Before leaving office, former President Barack Obama signed Executive Order (E.O.) 13761 on Jan. 13, 2017, in response to "positive actions" by the Government of Sudan. E.O. 13761 establishes a basis for complete revocation...more

Texas Central Rail Project Under Attack

by Locke Lord LLP on

The Texas Central Rail Project is a potential high speed passenger rail system connecting the DFW area and Houston. Texas Central Partners, LLC (Texas Central) is a private entity that serves as the project developer. Various...more

NEC Future Names Preferred Alternative and Releases the Final Tier 1 Environmental Impact Statement

by Beveridge & Diamond PC on

After nearly four years of planning and evaluation, the Federal Railroad Administration (FRA) released its Preferred Alternative to improve the Northeast Corridor for passenger rail transportation from Washington, DC, to...more

Railroads May Benefit if Trump Keeps Promise to Energize Coal Industry

by Holland & Knight LLP on

Most U.S. railroad industry stock rose in the immediate aftermath of Donald Trump's election as president. Optimism surrounding railroad stock may be driven in part by the prospect of a resurgence of the coal industry, since...more

Carriers Advocate for Data-Driven Regulations

by Holland & Knight LLP on

Freight carriers of all modes ­– rail, truck, water, air and pipeline – are all in the business of moving cargo for compensation and thus share many similar goals. Furthermore, cargo is often moved in multiple modes in its...more

Rail Issues Before the New Administration

by Holland & Knight LLP on

There was a plenty of rail-related activity during the 114th Congress and the last two years of the Obama Administration. Amtrak and the Surface Transportation Board (STB) were reauthorized with major changes to Amtrak's...more

Resolución de Año Nuevo: Tránsito de Miami Beach

Después de acelerar el proceso de solicitud para el proyecto del tren ligero o tranvía moderno de Miami Beach, el mes pasado la comisión de la ciudad de Miami Beach puso un freno. En respuesta a las preocupaciones expresadas...more

New Year’s Resolution: Miami Beach Transit

After expediting the solicitation process for the Miami Beach light rail/modern streetcar project, the Miami Beach City Commission hit the brakes last month. In response to concerns voiced by City residents, the Commission...more

Ninth Circuit Rules Surface Transportation Board Has Exclusive Jurisdiction Over Certain Railroad Repair Work

On November 23, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling that the Surface Transportation Board has exclusive jurisdiction over “railroad repair work done at the direction of a federally...more

FRA/OSHA Safety Advisory – Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations. The Federal...more

What’s in a Name?

by BakerHostetler on

On Thursday, November 10, 2016, the Sunset Advisory Commission was called to order to announce decisions concerning the Texas Railroad Commission. The Sunset Commission is composed of five senators, five representatives and...more

Public-Private Partnerships (P3s) Continue to Gain Momentum

Although the public-private partnership (P3) model was used to provide most public infrastructure and services until the early 20th Century, for the past several decades, P3s were few and far between in this country....more

Railcars as Point Sources

by Alston & Bird on

According to an October 25, 2016 ruling by the District Court for the Western District of Washington, a railcar carrying coal may be a “point source” for pollution under the Clean Water Act (CWA), 33 U.S.C. §§ 1251 et seq.,...more

Eighth Circuit Opinions Highlight Need to Apply Appellate Lens at Trial Court

by Robins Kaplan LLP on

We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more

California Environmental Law & Policy Update - August 2016

by Allen Matkins on

Environmental and Policy Focus - BNSF to appeal ruling blocking California rail yard - Wall Street Journal - Aug 2 - BNSF Railway Co. and the Port of Los Angeles on Tuesday appealed a court ruling against...more

Texas Railroad Commission Sunset

by BakerHostetler on

The Texas Sunset Act was passed in 1977 to address the escalation of government budgets and the perception that government bureaucracy was not accountable. The Act applies to 130 agencies and other governmental entities. The...more

New PHMSA Rules on Safety Oil Spill Response Plans and Information Sharing Has Some Carriers Concerned

by Freeborn & Peters LLP on

The U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Railroad Association this month proposed new regulations for trains that transport highly flammable...more

Texas District Court Rejects Rail Contractor’s Delay and Prompt Payment Claims and Awards Owner More Than $3 Million

by Pepper Hamilton LLP on

Balfour Beatty Rail, Inc. v. The Kansas City Southern Railway Company, 2016 U.S. Dist. LEXIS 39086 (N.D. Tex., March 25, 2016) - The contractor contracted with owner to install 65 miles of railroad track, for a price of...more

2016 Oklahoma Tax Legislation

by GableGotwals on

Investment/New Jobs Credit, $25 Million Cap, 2016-2018. The income tax credit for investment in manufacturing facilities or increasing jobs was amended to provide that for tax years beginning on or after January 1, 2016, and...more

Safety Agencies Expect to Release 9 Rules This Year

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has identified seven proposals the agency hopes to release as final rules before the end of the year, while the Mine Safety and Health Administration, its sister agency within...more

New Campaign Raises Awareness of Railroad Intersection Dangers

by Howard Ankin on

In the wake of the Amtrak derailment in Pennsylvania earlier this month, Operation Lifesaver is promoting a new public awareness campaign dedicated to “changing people’s behavior around railroad tracks and crossings.” While...more

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