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Surface Transportation Board Appeals

Burr & Forman

Fourth Circuit Holds that Federal Courts Have Concurrent Jurisdiction with Surface Transportation Board over ICCTA Claims

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On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

Holland & Knight LLP

Rail Blocked Crossing Statute Upheld, Departing From Overwhelming Precedent

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Many states and municipalities have (or used to have) laws that limit the amount of time a railroad may block a traffic intersection. Time and again, courts have determined that these laws are preempted by either the...more

Nossaman LLP

Fourth Circuit Joins Three Others in Determining that the Federal Courts Have Concurrent Jurisdiction over ICCTA Claims

Nossaman LLP on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit determined that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be litigated in the federal courts or at the...more

Holland & Knight LLP

Eighth Circuit Strikes Down STB Rules Defining "On-Time" Passenger Performance

Holland & Knight LLP on

In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more

Miller Starr Regalia

CEQA Roundup – Recent Developments

Miller Starr Regalia on

Numerous CEQA-related developments have recently been in the news. Some of possible interest include: Kings and Kern Counties, the Kings County Farm Bureau, and a number of other groups filed a petition on February 9 with the...more

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