Railways

News & Analysis as of

The Luxembourg Rail Protocol to the Cape Town Convention

The Luxembourg Rail Protocol to the Cape Town Convention: its application to the UK and how it differs to the Aircraft Protocol - The UK signed the Luxembourg Protocol to the Convention on International Interests in...more

California’s Prompt Payment Laws: Just Because an Owner Has Changed Course Doesn’t Mean It’s Changed Course on Previous Payments

We’ve written before about California’s prompt payment laws which are designed to help contractors get paid in a timely and orderly fashion, which is always nice, right?...more

Australian Competition & Regulation Update for Port & Rail Infrastructure Operators and Users

In this update we touch on recent events in the competition and regulation space of relevance to port and rail infrastructure owners and access seekers, being: a recent decision of the Australian Competition...more

EU & Competition Law Update – April 2016

European Union: EU Commission maintains close scrutiny of retail geo-blocking - On the 18th of March 2016, the EU Commission published initial findings from its e-commerce sector inquiry. The initial findings show a...more

First Committee Deadline – Week Four at the Capitol

The universe of legislation in play will be significantly winnowed down this week as it is the first committee deadline. Committees must act favorably on bills in the house of origin. The focus will increasingly turn to the...more

West Coast Real Estate Update: March 2016 #3

California's High-Speed Rail May Not Be Financially Feasible - The California Legislature's analyst released a report stating that the high-speed rail system planned for California is not economically feasible. Several...more

CMA encourages increased competition in Britain’s rail sector

On 8 March 2016, the Competition and Markets Authority (“CMA”) published a policy document recommending that the government overhaul the currently franchised rail system. 99% of Britain’s trains presently run under...more

Georgia Weekly Legislative Update - March 2016 #2

In a surprise vote last week, the Georgia legislature rushed through the approval of a contentious religious liberty proposal intended to grant safe legal harbor to opponents of marriage equality....more

Procurement Pulse - March 2016

The final implementation date for the three new EU procurement directives is 18 April 2016 - so things are hotting up in terms of getting to grips with new legislation. Cabinet Office has reviewed the responses to its...more

Expo Line Extension to Santa Monica Opens May 20

The wait is nearly over: for those living on the Westside of Los Angeles, passenger rail transit will be available in just a few short months. Officials announced this week that the final extension of the Expo Line will...more

A Railway Is Not a Mine: Ontario Court of Appeal Rules on Surface Rights in Unpatented Mining Claims

On February 24, 2016, the Ontario Court of Appeal released its decision in 2274659 Ontario Inc. v. Canada Chrome Corporation, confirming the interpretation of sections 50 and 51 of the Ontario Mining Act (Act) as they relate...more

Surface Transportation Board Rulemaking to Modify Requirements for Offers of Financial Assistance

The Surface Transportation Board (“STB” or “Board”) issued an advance notice of proposed rulemaking seeking comments on how it should revise its rules related to offers of financial assistance (“OFA”). The Board’s goal is to...more

Environmental Provisions of the FAST Act

On December 4, 2015, President Obama signed into law the “Fix America’s Surface Transportation Act,” Public Law 114-94 ("FAST Act"). As finally enacted, the FAST Act exceeds 400 pages in length. This paper reviews those...more

FAST Act Authorizes $305 Billion in Transportation Spending Over Five Years

The Fixing America’s Surface Transportation Act, signed into law by Pres. Barack Obama, authorizes approximately $305 billion in federal highway and transit spending over the next five years for transportation projects. The...more

The World in US Courts: New Decision of the US Supreme Court Limits Suits Against Non-US Governmental Entities

The US Foreign Sovereign Immunities Act (“FSIA”) codifies the doctrine of sovereign immunity and generally prohibits lawsuits in US courts against non-US sovereigns. But the FSIA has an exception where, among other things, a...more

How A Train Wreck Changed The Constitution

In the early morning of October 3, 1970 on rural road just outside San Jose, 61-year old Engineer Anthony Gassell was at the controls of his Southern Pacific locomotive as it headed northwest. At the same time, 24-year old...more

Crude-by-Rail Update: PHMSA Rejects Administrative Challenges to CBR Rule

Despite challenging oil prices and a decrease in the volume of crude oil traveling by rail, recent events have renewed the spotlight on crude-by-rail (CBR) transportation. First, two trains derailed in Wisconsin last weekend...more

New York City Transit Benefit Requirement Fast Approaching

As most New York City employers know by now, beginning January 1, 2016, the New York Mass Transit Benefits Law (the "ordinance") requires employers with twenty or more full-time employees working in New York City to offer...more

Second District Rejects CEQA And Fair Transit Hearing Challenges To LA Metro’s Westside Subway Extension Project In Lengthy...

In a 65-page opinion certified for publication and filed October 22, 2015, the Second Appellate District Court of Appeal affirmed the Los Angeles County Superior Court’s judgment denying writ petitions by the City of Beverly...more

Brother, Can You Spare a Dime?

In the early morning hours of Wednesday, September 30, the 2015 Regular Session of the North Carolina General Assembly came to a close. One of the more controversial provisions enacted this session took up a mere six lines...more

Deadline Fast Approaching for Positive Train Controls

Failure to Implement Safety Measures Will Result in Interrupted Railway Service - Best Best & Krieger LLP’s Washington, D.C. Government Relations Services team is monitoring an urgent issue now being considered by the...more

Amtrak Panel’s Plan to Fix Chicago Rail Gridlock

An Amtrak Blue Ribbon Panel formed in 2014 that included Nossaman partner Linda Morgan has released a report recommending how to fix the congestion plaguing Chicago’s rail network. As the hub of the U.S. rail network, the...more

Good News for Commuters: Work Completed on Foothill Gold Line Extension to Azusa

Expected to dramatically improve mobility in one of the more highly congested regions in Southern California, the Metro Gold Line Foothill Extension Construction Authority (Authority) completed the Foothill Gold Line from...more

Texas Railroad Commission Finds Earthquakes in North Texas Not Caused by Drilling Operations

Update: On September 10, the Texas Railroad Commission concluded that these small earthquakes that occurred near Azle, Texas likely were not caused by drilling operations conducted by EnerVest Operating LLC. The Texas...more

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

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