In the year since the East Palestine train derailment, rail safety has been a hot button issue in the United States. After the East Palestine derailment dominated news headlines in late February and March of 2023, there...more
On April 27, 2023, the California Air Resources Board ("CARB") approved a first-in-the-nation regulation that limits the emission of greenhouse gases, criteria pollutants, and toxic air contaminants from locomotives in the...more
In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to...more
Rail Regulatory and Policy - New European Commission’s Proposals - In the fall of 2021, the European Commission (Commission) expects to put forward a set of proposals covering intelligent transport systems (ITS),...more
ANTITRUST and COMPETITION - German Court asks ECJ About Review of Rail Station Fees - The Berlin Higher Regional Court has lodged a request for a preliminary ruling with the European Court of Justice (ECJ) concerning railway...more
ANTITRUST AND COMPETITION - Latvia’s Competition Authority Imposes €5.69 Million Fine on LDZ Cargo for Abusing its Dominance in Rail Freight Transport - On 3 February 2020, Latvia’s Competition Council (CC) fined state-owned...more
ANTITRUST AND COMPETITION - Belgium to Support Travel Sector With €30 Million - On 22 January 2021, the Belgian government announced new public support for rail. Starting in January 2021 and running through June 2021,...more
Commission Approves €1.5 Billion Dutch Scheme to Compensate Public Transport Companies for Damages Suffered During COVID-19 - On 9 November 2020, the European Commission approved, under European Union (EU) state aid rules, a...more
ANTITRUST AND COMPETITION - Rail sector receives €4.7 billion in France - On 3 September 2020, the French government announced its intention to provide a €4.7 billion financial support package for the rail sector. ...more
ANTITRUST AND COMPETITION - Commission approves German scheme compensating public transport companies - On 7 August 2020, the European Commission approved €6 billion in German state aid to compensate regional and local public...more
The Surface Transportation Board reaffirms that its regulatory processes must be followed in order to extinguish a railroad's common carrier obligation. Lack of use of a rail line and removal of tracks are not sufficient...more
After weeks of speculation and rumors, the Ford Motor Company announced its purchase and plan to invest over $1 billion into the Michigan Central rail depot in Detroit’s historic Corktown neighborhood. Made public 115 years...more
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
Positive Train Control ("PTC") is a system that will automatically apply the train’s brakes in certain situations. PTC systems consist of technologies designed to help detect dangerous situations and automatically intervene...more
We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more
A district court improperly granted summary judgment to an employer defending against a claim of disability discrimination where the district court relied too heavily on the state agency’s finding that an employee failed to...more
Update: On September 10, the Texas Railroad Commission concluded that these small earthquakes that occurred near Azle, Texas likely were not caused by drilling operations conducted by EnerVest Operating LLC. The Texas...more