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Motor Carriers Get Small Reprieve in Electronic Logging Device Implementation

Trucking companies will receive a small reprieve when it comes to implementation of the Federal Motor Carrier Safety Administration's (FMCSA) electronic logging device (ELD) rule that takes effect on Dec. 18, 2017. The rule,...more

Supreme Court's Refusal Keeps Electronic Logging Device Rule on Track

In an earlier article (see Holland & Knight's alert, "Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?," Jan. 13, 2017), we described the controversial final Electronic Logging Device (ELD) rule,...more

Railroads May Benefit if Trump Keeps Promise to Energize Coal Industry

Most U.S. railroad industry stock rose in the immediate aftermath of Donald Trump's election as president. Optimism surrounding railroad stock may be driven in part by the prospect of a resurgence of the coal industry, since...more

Carriers Advocate for Data-Driven Regulations

Freight carriers of all modes ­– rail, truck, water, air and pipeline – are all in the business of moving cargo for compensation and thus share many similar goals. Furthermore, cargo is often moved in multiple modes in its...more

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more

House Passes Pipeline Safety Bill; Senate Expected to Pass Soon - Authority to Issue Emergency Orders, Regulation of Underground...

The U.S. House of Representatives passed the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act of 2016) unanimously on June 8, 2016. The Senate is expected to pass the bill very soon. The...more

FAA Allows Drones for Educational Use

In a significant policy shift, the Federal Aviation Administration (FAA) will now permit students and to use unmanned aircraft systems (UAS, or drones) – with restrictions – for educational purposes. The FAA issued a...more

PHMSA Issues Proposed Gas Pipeline Rule, Broadly Expanding Regulatory Scope

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an extensive, 549-page Notice of Proposed Rulemaking on March 17, 2016, that would significantly broaden the agency's regulatory scope with respect to...more

Pipeline Proposal Would Expand Reporting and Testing, Cost $22.4M Annually

This year has been marked by a series of high-profile pipeline incidents in Montana, West Virginia and California, among others. In response to these incidents, the Pipeline and Hazardous Materials Safety Administration...more

FAA Proposes Commercial Drone Rules As White House Issues Executive Order - Pending Unmanned Aircraft Systems (UAS) Rules Would...

The Federal Aviation Administration (FAA) released its long-awaited Notice of Proposed Rulemaking (NPRM) on Sunday, Feb. 15, 2015 for the commercial use of small unmanned aircraft systems (UAS), commonly referred to as...more

House Subcommittee Pushes FAA for Faster Progress on UAS Integration - Proposed Small UAS Rule Expected Before the End of 2014,...

On Dec. 10, members of Congress in a hearing pushed the Federal Aviation Administration (FAA) to quicken the pace of efforts to safely integrate unmanned aerial systems (UAS), commonly referred to as drones, into the national...more

Justices Probe Limits of Non-Delegation Doctrine and Express Due Process Concerns

Yesterday, the U.S. Supreme Court heard oral argument in Dep't of Transp. v. Ass'n of Am. Railroads. At issue is whether Congress may grant Amtrak, a private entity created by Congress, the power to co-author regulations...more

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

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