Railways

News & Analysis as of

Rail Issues Before the New Administration

There was a plenty of rail-related activity during the 114th Congress and the last two years of the Obama Administration. Amtrak and the Surface Transportation Board (STB) were reauthorized with major changes to Amtrak's...more

Resolución de Año Nuevo: Tránsito de Miami Beach

Después de acelerar el proceso de solicitud para el proyecto del tren ligero o tranvía moderno de Miami Beach, el mes pasado la comisión de la ciudad de Miami Beach puso un freno. En respuesta a las preocupaciones expresadas...more

Subway operators fighting decision to staff trains with only one operator, claiming unsafe

Three Toronto subway operators engaged in a work refusal after the Toronto Transit Commission decided to staff subway trains with only one operator (instead of two). Their union is now fighting a Ministry of Labour...more

New Year’s Resolution: Miami Beach Transit

After expediting the solicitation process for the Miami Beach light rail/modern streetcar project, the Miami Beach City Commission hit the brakes last month. In response to concerns voiced by City residents, the Commission...more

Reliance on 1998 EIR Under CEQA Upheld Based on Substantial Evidence

In The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency, et al., California's First District Court of Appeal is the first appellate court to apply the California Supreme Court's...more

Financiación del Transporte Público con Desarrollos Orientados al Transporte

Desde la aparición de los primeros sistemas de transporte público, se ha reconocido que los espacios contiguos a las estaciones de trenes son idóneos, especialmente, para urbanizaciones de usos múltiples. La gente está...more

9th Circuit Rejects NEPA Challenges To Planned 1.9-Mile Underground Light Rail Extension Project in Downtown LA

On December 6, the U.S. Court of Appeals for the Ninth Circuit, in the case of Japanese Village, LLC v. Federal Transit Administration, et al., affirmed the district court’s grant of summary judgement to the government...more

FRA/OSHA Safety Advisory – Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies

Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations. The Federal...more

Las colaboraciones público-privadas (P3) siguen ganando ímpetu

Si bien el modelo de colaboración público-privada (Public-Private Partnerships, P3) se usó para brindar la mayor parte de la infraestructura y los servicios hasta principios del siglo XX, en las últimas décadas, se vieron...more

Out With The New And In With The Old? One City Struggles To Accept The Gig Economy

Philadelphia, our nation’s fifth largest city – aptly nicknamed The City of Brotherly Love – just couldn’t decide whether it wanted to embrace the ride-sharing sector of the gig economy. Or, rather, like an ex-boyfriend or...more

West Coast Real Estate Update: November 2016 #1

New Study Finds $6.7 Billion of Private Investment Along Foothill Gold Line - According to a new study, the extension of the light rail line east of Los Angeles, known as the Foothill Gold Line, has attracted billions...more

Public-Private Partnerships (P3s) Continue to Gain Momentum

Although the public-private partnership (P3) model was used to provide most public infrastructure and services until the early 20th Century, for the past several decades, P3s were few and far between in this country....more

WA Court Denies MSJs in CWA Citizen’s Suit Over Alleged Illegal Discharges of Coal and Coal Dust

A group of environmental organizations, headed by the Sierra Club, filed a Clean Water Act (CWA) citizen’s lawsuit against the BNSF Railway Company, alleging that the railroad, the only transporter of coal in Washington,...more

Boletín Mensual de Comercio Internacional: Septiembre - Información con énfasis en la Regulación Comercial y de Arbitraje...

Durante el mes de Septiembre destacan los siguientes temas: Contenido Nacional, Comercio, Inversión Extranjera, Normalización, Competencia, Medio Ambiente, Subvenciones, Prácticas Desleales, Servicios Transporte Aéreo, ISDS....more

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

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