In January 2025, the Trump Administration will take office, and it is anticipated that President-Elect Donald J. Trump's second term will lead to significant regulatory changes generally. In his first term, President Trump...more
The Federal Motor Carrier Safety Administration (FMCSA) on Nov. 16, 2023, issued a final rule that implements financial security requirements on brokers and freight forwarders. The rule, proposed earlier this year, should...more
Freight brokers are often sued for negligence when there is cargo damage or personal injury involving a motor carrier hired by the broker. Personal injury claims in particular can involve damages in the tens and hundreds of...more
5/1/2023
/ Brokers ,
Conflicts of Laws ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Motor Carriers ,
Motor Vehicles ,
Negligence ,
Petition for Writ of Certiorari ,
Preemption ,
Shipping ,
Shipping Cargo ,
Split of Authority ,
State Law Claims
The Federal Motor Carrier Safety Administration (FMCSA) on Jan. 5, 2023, issued a notice of proposed rulemaking (NPRM) to implement financial security requirements on brokers and freight forwarders. The proposed changes to...more
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
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
The U.S. Department of Transportation (DOT) historically has been less prone to large shifts in policy between presidential administrations. Although President Donald Trump and President-Elect Joe Biden each nominated a...more
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
The Federal Motor Carrier Safety Administration (FMCSA) recently requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of brokerage rates. The petitions...more
12/10/2020
/ Brokers ,
FMCSA ,
Independent Drivers Guild ,
Motor Carriers ,
Owner-Operators ,
Public Comment ,
Rulemaking Process ,
Transaction Monitoring ,
Transportation Brokerage ,
Transportation Industry ,
Trucking Industry ,
Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of broker rates. The notice is in response...more
9/22/2020
/ Brokers ,
Commercial Truck Drivers ,
Contract Rates ,
FMCSA ,
Independent Drivers Guild ,
Motor Carriers ,
Owner-Operators ,
Public Comment ,
Rulemaking Process ,
Transaction Monitoring ,
Transportation Brokerage ,
Transportation Industry ,
Trucking Industry ,
Trucking Regulations
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
The Federal Motor Carrier Safety Administration (FMCSA) has expanded and extended its Emergency Declaration through May 15, 2020, or until the COVID-19 national emergency declaration from the president of the United States is...more
The Federal Motor Carrier Safety Administration (FMCSA) has issued an emergency declaration that exempts motor carriers and drivers from federal regulations located at 49 CFR § 390.23, which includes the hours of service...more
Prompted by regulatory changes from the U.S. Environmental Protection Agency (EPA) regarding emission standards for locomotives, several railroads and locomotive manufacturers have been working for several years to develop...more
4/5/2018
/ Energy Sector ,
Environmental Protection Agency (EPA) ,
Federal Railroad Administration ,
Infrastructure ,
Manufacturers ,
National Emissions Standards ,
Natural Gas ,
New Regulations ,
Oil & Gas ,
Popular ,
Railroads ,
Regulatory Reform ,
Train Accidents
• The Supreme Court declines to review a lower court ruling that the Surface Transportation Board cannot assume regulatory authority that Congress unconstitutionally delegated to the Federal Railroad Administration and...more
2/26/2018
/ Amtrak ,
Appeals ,
Denial of Certiorari ,
Due Process ,
Federal Railroad Administration ,
Fifth Amendment ,
Oral Argument ,
Performance Standards ,
Railroads ,
Regulatory Standards ,
Surface Transportation ,
Transportation Industry
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
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
7/18/2017
/ Amtrak ,
Appeals ,
Chevron Deference ,
Due Process ,
Federal Railroad Administration ,
Fifth Amendment ,
Lack of Authority ,
Railroads ,
Rulemaking Process ,
Surface Transportation Board ,
Vacated
A six-page Transportation Security Administration (TSA) memorandum focusing on the potential misuse of large commercial vehicles was recently issued by the TSA's Office of Security Policy and Industry, Engagement Surface...more