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
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 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
Dozens of ships anchored outside of America’s busiest ports, steadily spiking freight rates, and frustrated consumers inheriting both the paralyzing delays and the exorbitant price increases: these have been the painful...more
On 8 November 2021, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) to propose a temporary suspension of transport...more
According to a recent filing,1 the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) is considering recommendations to increase the outer tank shell for the DOT-113 tank car in...more
The Subcommittee on Highways and Transit and Subcommittee on Railroads, Pipelines, and Hazardous Materials of the United States House of Representatives (“Subcommittee”) held a hearing on December 5th titled: Where’s My...more
The U.S. Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) to authorize the transport of liquefied natural gas (LNG) by...more
As described in previous blog posts on May 7, 2018 and March 13, 2018, regulatory changes are needed before liquefied natural gas (LNG) can be transported by rail tanker cars under applicable Hazardous Materials and Carriage...more
MGL c. 40, section 54A provides that a municipality cannot issue a building permit to build a structure on land formerly used as a railroad right-of-way or any property appurtenant thereto formerly used by any railroad...more
Last week the U.S. Secretary of Transportation Elaine Chao notified Congress of DOT’s INFRA grant winners. The Chicago CREATE program will receive over $132 million to reduce congestion where multiple railroads intersect and...more
On May 7, 2018, the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) finally responded to the Petition for Rulemaking filed by the Association of American Railroads (AAR). As...more
• The U.S. Department of Transportation (DOT) has issued a Notice of Funding Opportunity (NOFO) for the $1.5 billion in surface transportation grants provided by the FY 2018 Omnibus Appropriations legislation. • This...more
The Northern Lights Express intercity rail proposal, connecting Minneapolis and Duluth, Minnesota with a stop in Superior, Wisconsin, advanced forward following a Finding of No Significant Impact (“FONSI”) from the Federal...more
A recent Boston Globe editorial entitled “Gas-by-train? Beacon Hill Opens The Door” suggests that liquefied natural gas (LNG) may be arriving by train to New England from the shale gas region in Pennsylvania in the future....more
• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more
On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more
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
In a decision that had become all but inevitable, the U.S. Department of Transportation (DOT), on December 4, 2017 rescinded its rule that would have required railroads carrying highly hazardous flammable materials, such as...more
REAL PROPERTY UPDATE - - Sovereign Immunity: DOT prohibited from using sovereign immunity defense in negligence action resulting from railroad crossing accident where DOT bound by crossing agreement, including indemnity...more
On Friday, May 1, the U.S. Department of Transportation (“DOT”) issued a final rule establishing new requirements for transporting flammable liquids in a continuous block of 20 or more tank cars or 35 or more tank cars loaded...more
In my former days defending agency actions in federal court, I had a standard line I used with frequent success when rules were attacked by all sides: “Your Honor, we’ve been sued here by both industry and environmental...more
The transportation of crude oil by rail continues to be a key issue for rail and energy industry stakeholders as well as policy makers. Below is a summary of recent developments. 1. DOT Takes Six Crude-by-Rail Safety...more
On May 1, 2015, U.S. Transportation Secretary Anthony Foxx announced the Department of Transportation’s (DOT) long awaited (and already highly controversial) final rule strengthening standards for trains carrying flammable...more
The Pipeline and Hazardous Materials Safety Administration's much-anticipated crude by rail rule will address over 3,000 comments, spanning a wide range of public opinion on crude by rail safety. PHMSA must address vast...more