Railways

News & Analysis as of

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

High Rollers Are Fine but Resort Casino Needs Orange Line Riders to Thrive

On the sidewalks of Everett, I have heard it said that Steve Wynn is quietly planning to lure planeloads of nouveau riche from the People’s Republic of China to his new “Wynn Everett” casino on the banks of the Mystic...more

Gold Line Foothill Extension to Open in Spring 2016

At the dedication celebration for the Gold Line’s Arcadia Station last weekend, Phil Washington, the CEO of the Los Angeles County Metropolitan Transportation Authority, said he expects passenger service on the Gold Line to...more

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

The Competition and Markets Authority's consultation on "Competition in passenger rail services in Great Britain" - On 17 July...

On 17 July 2015, the Competition and Markets Authority (CMA) published its consultation document regarding competition in passenger rail services in Great Britain. This followed its announcement in January that it intended to...more

Illinois Appellate Court Reverses Asbestos Verdict on Sole Proximate Cause Argument

In Smith v. Illinois Central Railroad Co., the Fourth District of Illinois recently overturned a $1.4 million verdict against the Illinois Central Railroad. At trial, the Court had excluded evidence of the decedent's work at...more

La propuesta de presupuesto del condado de Miami-Dade confirma el compromiso con las P3

La semana pasada, el alcalde del condado de Miami-Dade, Carlos Giménez, presentó la propuesta de presupuesto para el año fiscal 2015-16 y el plan de inversión de capital multianual. Un repaso de las partidas del presupuesto...more

Miami-Dade County Proposed Budget Confirms Dedication To P3s

Last week Miami-Dade County Mayor Carlos Gimenez introduced the County’s FY 2015-16 Proposed Budget and Multi-Year Capital Plan. A review of the budget’s line items confirms the County’s dedication to the use of...more

New Nevada Commerce Tax Effective July 1, 2015

While not purporting to give specific advice on Nevada tax law, the following is a summary of some of the general principals underlying the new tax law. A new Nevada Commerce Tax (“NCT”) was signed into law by Nevada Governor...more

Joining the dots on the Northern Powerhouse - Transport

This article is part of a series in which DLA Piper professionals define what the Northern Powerhouse means to them, and how to deliver the regeneration of the Northern economy. The author was part of a forum that contributed...more

Canada’s New Privacy Laws Will Require Breach Notice and Affect Private Sector Operations in Canada

It has been a long time coming, but this week the Personal Information Protection and Electronic Documents Act (“PIPEDA”) received a make-over, including new data breach notification provisions, with the enactment of the...more

Federal Transit Administration Proposes New State Safety Oversight Rule

On February 27, 2015, the Federal Transit Administration ("FTA") published a Notice of Proposed Rulemaking ("NPRM") in the Federal Register requesting comment on a proposed rule that the FTA believes would strengthen State...more

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