News & Analysis as of

Railways

DOT Backs Away From Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: DOT has withdrawn its rulemaking on safety sensitive positions in highway and rail transportation. This week the U.S. Department of Transportation has withdrawn its March 10, 2016 Advance Notice of...more

CEQA Not Preempted in State-Owned Rail Project - California Supreme Court Decision Could Impact High-Speed Rail Project

by Best Best & Krieger LLP on

In a decision that could have significant implications for California’s high-speed rail project, the California Supreme Court recently held in Friends of the Eel River v. North Coast Railroad Authority that the federal...more

LAWA’s APM Makes Tracks

by Nossaman LLP on

Los Angeles World Airports (LAWA) released the Final Request for Proposals (Final RFP) for the procurement of the elevated 2.25-mile Automated People Mover train (APM) at Los Angeles International Airport (LAX) on July 28,...more

FRA Invites Bids to Replace Amtrak on Three Routes

by Holland & Knight LLP on

The Federal Railroad Administration (FRA) has announced final rules permitting eligible petitioners to submit proposals to replace Amtrak on up to three Amtrak routes. The rules implement provisions of the Fixing America's...more

STB Jurisdiction Over Intrastate Passenger Rail

by Nossaman LLP on

In Florida, All Aboard Florida, a private entity, is about to launch passenger rail service from Miami to West Palm Beach, with future service extending to Orlando. In California, the California High-Speed Rail Authority is...more

Canada Proposes New Regulations to Strengthen Rail Security for the Transportation of Dangerous Goods

On June 24, 2017, the federal government proposed new regulations under the Transportation of Dangerous Goods Act, entitled the Transportation of Dangerous Goods by Rail Security Regulations (Rail Security Regulations). The...more

“We meant what we said” – U.S. Supreme Court Continues To Rein In Personal Jurisdiction

by McCarter & English, LLP on

This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific...more

Kuala Lumpur Singapore High Speed Rail Project 2017 - Update 2

by Hogan Lovells on

Background - This note serves as an update to two earlier notes dated August 2015 and January 2017 on the landmark Kuala Lumpur – Singapore High Speed Rail (the “HSR”). The HSR - In 2013, Singapore and Malaysia...more

Iran and Russia Sanctions Pass US Senate

by Hogan Lovells on

Last week, the U.S. Senate acted to pass both new Iran and Russia sanctions by large bipartisan margins. The House of Representatives has not yet acted on either piece of legislation. We anticipate that Congress will...more

Public officials – Supreme Court decision provides guidelines for D&O insurers

by DLA Piper on

On May 15 2017 the Joint Divisions of the Supreme Court issued a decision (119831/17) that further clarified the Court of Auditors' jurisdiction compared with that of the civil courts regarding the liability of directors and...more

Recent United States Supreme Court Decision Further Constricts Use Of General Personal Jurisdiction To "Forum Shop" Against...

by Roetzel & Andress on

The Supreme Court’s recent decision in BNSF Ry. Co. v. Tyrrell (BNSF), No. 16-405, 2017 WL 2322834, (U.S. May 30, 2017) demonstrates why personal jurisdiction should be examined in response to every lawsuit filed against a...more

District Court Again Orders FTA To Provide An SEIS for Purple Line Expansion Project

In an interesting decision by the U.S. District Court for the District of Columbia on May 22, the District Court again held that metro-300x200a Supplemental Environmental Impact Statement (SEIS) must be provided by the...more

There’s No Place Like Home: The U.S. Supreme Court Emphasizes the Constitutional Limits on Personal Jurisdiction and Constrains...

by K&L Gates LLP on

Almost any business whose products or services reach customers in multiple states knows that there are some jurisdictions thought to be friendlier to plaintiffs. Plaintiffs’ lawyers know about those jurisdictions too, and...more

SCOTUS Interprets Federal Employers’ Liability Act

Fundamental fairness requires that before a company doing business in several states is sued in a particular state that it has substantial contacts with that state. Merely being present in that state will not satisfy the...more

United States Supreme Court Limits Forums Available to Railroad Workers

by Liskow & Lewis on

The United States Supreme Court, in BNSF Railway Co. v. Tyrrell (May 30, 2017), declined to allow a personal injury plaintiff to sue a railroad company in a state in which the railroad does business but is not incorporated or...more

Supreme Court Decides BNSF Railway Co. v. Tyrrell

by Faegre Baker Daniels on

On May 30, 2017, the Supreme Court decided BNSF Railway Co. v. Tyrrell, No. 16-405, holding that § 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction and thus limiting the fora in which a...more

States May Not “Hale” an Out-of-State Railroad: No Personal Jurisdiction, Supreme Court Rules

On May 30, 2017, the Supreme Court of the United States held that section 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction over railroads. The two underlying lawsuits were filed in...more

BNSF v. Tyrrell: Supreme Court Discourages Forum Shopping by Reaffirming Restrictive Daimler Test for General Jurisdiction

by Locke Lord LLP on

The U.S. Supreme Court in BNSF Railway Co. v. Tyrrell, 2017 WL 2322834 (2017) made it harder for plaintiffs to sue in states where their alleged injury did not occur by reversing the Montana Supreme Court’s attempt to assert...more

Did This “Deed” Convey Fee Simple or an Easement?

by Gray Reed & McGraw on

BNSF v. Chevron Midcontinent LP et al. asked whether a 1903 deed granted BNSF’s predecessor a strip of land in fee simple absolute or only an easement. The result: BNSF holds only an easement. There’s more to the case than an...more

Open access rail operators: change ahead?

by Dentons on

Open access still has a low market share - ORR has calculated that open access operators run just 1% of passenger rail miles in the United Kingdom, the rest being worked under passenger rail franchises. No open access...more

Australian Infrastructure Investment and Privatisation Update: Federal Taxation on the Agenda

by Jones Day on

At the end of January 2017, the Australian Taxation Office ("ATO") updated its draft of the Privatisation and Infrastructure—Australian Federal Tax Framework ("Framework") and issued a Taxpayer Alert TA 2017/1 on stapled...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

Infrastructure M&A: Journey to the non-core: Six steps to non-core infrastructure success

by White & Case LLP on

Infrastructure funds are increasing their capital allocations to non-core sectors, although in doing so they will need to take on increased risk and operate outside an established regulatory environment. There are six steps...more

French Legal and Regulatory Update - February 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for February 2017. Commercial Law...more

Missouri Supreme Court Tightens the Reins on Personal Jurisdiction

State ex rel. Norfolk Southern Railway Company v. The Honorable Colleen Dolan, 2017 WL 770977, No. SC95514 (February 28, 2017) - In a recent opinion, the Missouri Supreme Court continued the U.S. Supreme Court’s trend...more

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