News & Analysis as of


Northern Lights Express Proposed Passenger Rail Service Receives Federal Environmental Approval

by Nossaman LLP on

The Northern Lights Express intercity rail proposal, connecting Minneapolis and Duluth, Minnesota with a stop in Superior, Wisconsin, advanced forward following a Finding of No Significant Impact (“FONSI”) from the Federal...more

Is LNG by Rail Coming to New England?

by Holland & Knight LLP on

A recent Boston Globe editorial entitled “Gas-by-train? Beacon Hill Opens The Door” suggests that liquefied natural gas (LNG) may be arriving by train to New England from the shale gas region in Pennsylvania in the future....more

Aviation Happenings - Spring 2018 - Part A

...California District Court Dismisses Suit Against Airbus and Rolls Royce on Forum Non Conveniens Grounds - On December 11, the U.S. District Court for the Central District of California granted defendants Airbus S.A.S....more

Amtrak Performance Rules Won’t be Revived

by Holland & Knight LLP on

• 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

Railroads on Track To Miss Positive Train Control Deadline

Need for Positive Train Control is Past Due - The deadline for installing and implementing positive train control, known as PTC, is Dec. 31, 2018. It likely will come and go, with a majority of the country’s railways...more

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

by Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Legislative Outline for Rebuilding Infrastructure

by Holland & Knight LLP on

On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more

Another Preventable Train Derailment

Amtrak trains have been involved in four deaths since December 2017, including the most recent tragedy in South Carolina that killed two crew members and injured more than 100 passengers....more

Tragic South Carolina Train Wreck — How Preventable Was It?

Train Wreck Reports are developing that the recent and tragic crash of an AmTrak train, running on CSX rails, might have been avoided if a safety feature called a “positive train control” (PTC) had been employed at the time....more

Transportation Developments in Year 1 of the Trump Administration - President Touts New $1.5 Trillion Infrastructure Plan; A...

by Holland & Knight LLP on

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

TSA to Issue Final Rule for Security Training for Transit, Freight and Bus Employees Summer 2018

by Holland & Knight LLP on

It has been 14 years since the 9/11 Commission Report was issued, in which many recommendations were made to improve security in the U.S. The Transportation Security Administration (TSA) has still not yet implemented three of...more

Surface Transportation Board Hands Shipper a Large Rate Case Win

by Holland & Knight LLP on

On Jan. 11, 2018, the Surface Transportation Board (STB) handed a win to a coal shipper in a maximum rate reasonableness case. In the first rate case victory by a shipper in seven years, the STB has ordered CSX...more

Rail Inspection Firm Acquires Drone Services Company

American Rail Engineers Corp. (ARE), based in Irvine, California, recently acquired a New Hampshire drone services company, Media Wing, LLC (Media Wing), to conduct geographic information system (GIS) mapping and data...more

Stormwater Utility Ordinance: U.S. District Court Addresses Whether Assessment Violates Railroad Revitalization and Regulatory...

A United States District Court (Western District Virginia)in a December 26th Memorandum Opinion (“Opinion”) addressed a challenge to a stormwater utility ordinance assessment. See Norfolk Southern Railway Company v. City of...more

California Environmental Law & Policy Update - January 2018

by Allen Matkins on

Focus - Trump administration moves to expand oil and gas drilling off U.S. coasts - Los Angeles Times - Jan 4 The Trump administration, inviting a political backlash from coastal state leaders, on Thursday proposed to...more

STB Preempts a City's Effort to Force a Railroad to Reinstall a Grade Crossing

by Nossaman LLP on

In a recent preemption decision, the Surface Transportation Board (“STB”) rejected a city’s attempt to mandate that a railroad reinstall a grade crossing. The STB’s order appears to call into question the enforceability of...more

Bombardier and Metrolinx Make a Nice Recovery on Problematic Eglinton LRV Order

by Nossaman LLP on

Bombardier and Metrolinx announced that they have amended their Eglinton Crosstown LRV contract and settled their pending arbitration, showing how re-negotiation and compromise can preserve project schedule and quality,...more

L'ouverture à la concurrence du secteur ferroviaire en France : Spécificités et modalités

La fin du monopole d'État du secteur ferroviaire en France, demandée par la Commission Européenne, constitue un changement majeur dans la législation française et aura de nombreuses répercussions économiques,...more

[Webinar] An Inside Look at the NTSB: A Conversation with David Tochen - January 24th, 1:00pm ET

by LeClairRyan on

The National Transportation Safety Board (NTSB) plays a vital role in the safety of virtually all modes of transportation, including railroads, highways, shipping and pipelines. While many know that the NTSB determines the...more

Home Stretch for Toronto’s Finch West LRT Procurement

by Nossaman LLP on

Humber College students and Toronto West residents will soon be able to access Canada’s largest subway system in five years. The CA$1 billion Finch West LRT project is slated to open in 2022. The new dedicated light rail...more

Tragic Amtrak Wreck in Washington

Another tragedy on an AMTRAK train has caused the loss of lives and serious injuries in Dupont, Washington this morning. There are reports the train, the Cascades service from Seattle to Portland was travelling on tracks...more

New York MTA Approves $1.8B Design-Build Contract for the Long Island Railroad Expansion Project

by Nossaman LLP on

The New York Metropolitan Transportation Authority’s (NYMTA) board has approved a $1.8 billion expansion project for another important milestone in Governor Andrew M. Cuomo’s, comprehensive, interconnected plan to improve...more

Department of Transportation Repeals Controversial Rail Brake Rule

by Holland & Knight LLP on

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

Fourth Circuit Holds that Federal Courts Have Concurrent Jurisdiction with Surface Transportation Board over ICCTA Claims

by Burr & Forman on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

Ouch: EEOC Gets Summary Judgment Win Relative To Employer’s Medical Testing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more

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