Project Catalyst: An Economic Development Podcast | Episode 9: The Role of Railways in Economic Development with Brian Gwin of Norfolk Southern
Establishes a second Presidential Emergency Board under the Railway Labor Act to investigate unresolved labor disputes between the Long Island Rail Road Company and multiple railroad labor unions. Directs the Board to review...more
Over many years, laws have developed to provide a cause of action for employees due to injuries that have occurred from operations of many industries that have made, and continue to make, significant contributions to the...more
Over the last several years, we’ve been following an eminent domain case playing out in Mendocino County related to the Skunk Train. In 2023, the court concluded that the Skunk Train operator, Mendocino Railway, did not have...more
While grain and feed employers have a relatively clear idea of what OSHA expects them to do when entering bins, maintaining equipment, and preventing the accumulation of fugitive dust because those requirements are set forth...more
On November 12, 2025, the Railroad Commission of Texas (“RRC”) and U.S. Environmental Protection Agency (“EPA”) announced that EPA had granted Texas primary enforcement authority (“primacy”) under the Safe Drinking Water Act...more
When the legendary writer John McPhee described a blind, over-the-shoulder basketball shot of the equally legendary Bill Bradley, he fixed on Bradley’s explanation of how he managed to score apparently without looking at the...more
Governor Gavin Newsom on September 19 signed into law a slate of climate and clean energy bills designed to “lower electricity costs, stabilize the petroleum market, and slash air pollution.” The measures include legislation...more
Despite Northfolk Southern’s attempt to shift responsibility relating to the 2023 East Palestine train derailment to railcar owners and lessors, the resolution of a pair of recent lawsuits yielded positive results for railcar...more
The 89th legislative session was a busy one for the Texas oil, gas, and energy industry. This article summarizes several, although not all, of the bills affecting the industry that were passed during the 89th Texas...more
On July 23, 2025, the Coalition of Freight Coupler Producers (“Petitioners”), filed a petition for the imposition of antidumping duties on U.S. imports of Certain Freight Rail Couplers and Parts Thereof from the Czech...more
Background - On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (“OBBBA,” H.R.1). Among other things, the OBBBA permanently reinstates 100% bonus depreciation under Section 168(k) for qualified...more
On June 24, 2025, the United States District Court for the District of Columbia granted defendant rail companies’ motion for summary judgment on a Sherman Act Section 1 claim. In a lengthy and sweeping multi-district...more
On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells...more
A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more
On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more
While most employers in the U.S. must comply with the National Labor Relations Act (NLRA), employers in the railroad and airline industries need to understand the Railway Labor Act (RLA) and how its unique requirements impact...more
Seven County Infrastructure Coalition et al. v. Eagle County, Colorado, et al. The U.S. Supreme Court recently clarified the scope of federal agency review requirements under the National Environmental Policy Act (“NEPA”)...more
Last week, the Supreme Court issued its eagerly awaited National Environmental Policy Act decision in Seven County Infrastructure Coalition v. Eagle County. We were not disappointed. ...more
Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large...more
In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more
On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more
Fontana v. CSX Transportation, Inc, 2025 WL 326209, No. K24C-04-018 (JCC) (Del. Super. Ct. Jan. 28, 2025) - The Delaware Superior Court permitted an action against a railroad company to go forward, denying a motion to dismiss...more
Stakeholders following developments in states obtaining primary authority for implementation and enforcement of permitting of carbon storage and sequestration wells, take notice. With a recent Memorandum of Agreement between...more
In 1984, while Ronald Reagan was securing a landslide reelection and Apple introduced the Macintosh, the Railroad Commission of Texas (RRC) last updated the state’s primary oil and gas waste regulations. Now, four decades...more
The Labor Commissioner’s office recently published an updated version of its Frequently Asked Questions Page for California Paid Sick Leave. Here are some of the highlights of the updates: Agricultural Employees- The...more