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Transloading Extends the Economics of Rail to More Customers

Companies that use bulk products as inputs to their manufacturing or processing business often look to rail service as a way to reduce their transportation costs. Yet, many are not located adjacent to rail lines and there is...more

STB Revisits its Ban on Ex Parte Communications in Rulemaking Proceedings

The Surface Transportation Board has taken a significant step in modernizing its regulatory processes by proposing to eliminate its long-standing prohibition on ex parte communications in its informal rulemaking proceedings....more

D.C. District Judge Denies Class Certification in Fuel Surcharge Antitrust Case

In the most closely watched rail industry litigation in the country, the U.S. District Court for the District of Columbia has denied class certification in the railroads’ fuel surcharge antitrust litigation. The long...more

STB Finds Arkansas City's Effort to Create New At-Grade Rail Crossing is Pre-empted

The Surface Transportation Board (STB) has found that efforts by the city of Ozark, Ark., to force the reinstallation of a highway-rail at-grade crossing are pre-empted by federal law....more

FRA Invites Bids to Replace Amtrak on Three Routes

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

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

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

Surface Transportation Board Acts to Protect Integrity of its Financial Assistance Process

The Surface Transportation Board (STB) has adopted new rules to prevent abuse of offers of financial assistance (OFAs) under the ICC Termination Act of 1995. Under the OFA process, a party that wants to preserve rail service...more

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