News & Analysis as of

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

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

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Restoring Decades-Old Precedent, the DOL Blows the Whistle on Fordham's "Fundamental Error"

On Friday, September 30, 2016, U.S. Department of Labor’s (DOL’s) Administrative Review Board (ARB) issued its highly anticipated decision in Palmer v. Illinois Central Railroad Company, ARB No. 16-035 (2016), correcting its...more

A customer-focused rail industry? The Office for Rail and Road produces its Retail Market Review

The Office of Rail and Road (ORR) has recently published the conclusions of its Retail Market Review. The Review focused on who sells tickets, what tickets are sold, where and how tickets are sold and the ticket format....more

Four New California Cap and Trade Bills Fund Programs

$900 million in appropriations for fiscal year 2016-17 - With California’s cap and trade program suffering from legal challenges, decreasing auction revenue and general criticism of the program’s effectiveness, Gov....more

Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede

As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and...more

Rail Passenger Rights Extended from 1 October 2016

Introduction - On 6 September 2016, the UK government announced that the Consumer Rights Act 2015 (the Act) will apply in full to all mainline passenger rail services from 1 October 2016. This represents a...more

FCC Fines Non-Telecom Companies for Lapse in Compliance with Wireless Rules

FCC Fines Non-Telecom Companies for Lapse in Compliance with Wireless Rules August 19, 2016 The enforcement action highlights the importance of complying with FCC rules with respect to their wireless facilities and devices....more

The transport sector and the Consumer Rights Act 2015

While the majority of the Consumer Rights Act 2015 (CRA) came into force on 1 October 2015, the application of the CRA to certain contracts for travel by rail, air, sea and inland waterways was deferred until 1 October 2016....more

California Environmental Law & Policy Update - August 2016

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

California Dreamin’: California Releases Its Sustainable Freight Action Plan and is Sued for Allegedly Improperly Imposing a Fee...

Late last week, California released the California Sustainable Freight Action Plan, a comprehensive document that is to serve as a blueprint for transforming the state’s multi-billion dollar freight transport system into one...more

Importance of the Amendment to the Public Procurement Law for the Expenditure of EU Funds

It is projected that in 2014–2020 Poland will receive a total of 350 billion zloty in EU funds for developing infrastructure, including 67 billion zloty for developing railway infrastructure, 107 billion for road...more

Oklahoma DOT Seeks to Sell off State Owned Freight Rail Lines

Commonly when we think about state government owned railways, the image of commuter or light rail operations come to mind. But many states own freight railroads as well. In a few instances a state may have started its own...more

New Campaign Raises Awareness of Railroad Intersection Dangers

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

Next Stops for the Alameda Corridor East – Montebello, Maple and Turnbull Canyon Grade Separations

At some time or another, most of us have experienced sitting in our cars at a railroad crossing waiting for what seems like the longest freight train in the world go by. And it always seems to happen when you’re late for an...more

FAA Proposes More Flexible Eligibility Criteria For Expenditure Of Passenger Facility Charge Funds On Airport Rail Projects

The Federal Aviation Administration (FAA) proposes to amend (81 Fed. Reg. at 26611) (May 3, 2016) a 2004 rule, restricting expenditure of proceeds from passenger facility charges (PFC) funds to airport access infrastructure...more

On Eve of Freight Rail Day, Thoughts Turn to Access and a Senator of Great Heart

On May 18, 2016, we’ll be helping to run the Massachusetts Railroad Association’s annual Freight Railroad Day on Beacon Hill. The association is a long-time client of ours. This is the day when we, accompanied by the...more

Rail Crossings Need Safety Review

The average locomotive weighs 200 tons. The average passenger car weighs less than 2 tons. When the two collide, it’s not hard to understand the dangers weight, momentum, and inertia will have on the average family sedan. For...more

Tokyo’s New Train

There is a common sight in Japan — so common that it becomes almost invisible. That sight is trains. They are everywhere and I use them on a daily basis. I’ve grown to love the convenience and reliability of the Japanese...more

Miscommunication leads to many railway and train accidents

An Amtrak train collided with a maintenance vehicle in Chester, Pennsylvania, killing two Amtrak employees, Backhoe operator Joseph Carter Jr., and supervisor Peter Adamovich in the early morning of April 3, 2016. About 30...more

Stay in your Lane: Three Recent, Significant Rulings Enforce State and Federal Separation of Powers

Builders and contractors may be interested to learn that, in the past few days, the Supreme Courts of Texas capitoland Colorado, and the U.S. Court of Appeals for the DC Circuit have issued significant rulings addressing the...more

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

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