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Biden's "Second Great Railroad Revolution": Infrastructure

As noted in Part 1 and Part 2, during the presidential campaign, candidate Joe Biden called for "Sparking the second great railroad revolution." Biden pledged to "make sure that America has the cleanest, safest, and fastest...more

Biden's "Second Great Railroad Revolution": PTC, Fossil Fuels and Amtrak "Preference"

As noted in Part 1, during the presidential campaign, candidate Joe Biden called for "Sparking the second great railroad revolution." Biden pledged to "make sure that America has the cleanest, safest, and fastest rail system...more

Biden's "Second Great Railroad Revolution": STB Impact

During the presidential campaign, candidate Joe Biden called for "Sparking the second great railroad revolution." Biden pledged to "make sure that America has the cleanest, safest, and fastest rail system in the world – for...more

Texas High-Speed Railroad Found to Be Subject to Federal Jurisdiction

A proposed high-speed passenger railroad between Dallas and Houston has successfully convinced the federal Surface Transportation Board (STB) that it has jurisdiction over the proposed Texas rail line. While STB jurisdiction...more

Department of Transportation Repeals Controversial Rail Brake Rule

In a decision that had become all but inevitable, the U.S. Department of Transportation (DOT), on December 4, 2017 rescinded its rule that would have required railroads carrying highly hazardous flammable materials, such as...more

Rail Blocked Crossing Statute Upheld, Departing From Overwhelming Precedent

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

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

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

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