In a unanimous ruling earlier this month, the Supreme Court in Bissonnette, et al., v. LePage Bakeries Park St., LLC, et al., 601 U.S. ----144 S.Ct. 905 (2024) held that transportation workers need not work for a company in...more
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
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
Effective development and deployment of innovative technology is often a key differentiator among providers of transportation and logistics-related services. Of course, innovation can also create certain risks that must be...more
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more
In the aftermath of Winter Storm Uri, the Texas Legislature in Senate Bill 3 (2021) required the Railroad Commission of Texas to adopt rules requiring certain pipeline facility operators to weatherize equipment in order to...more
The Federal Railroad Administration (FRA), the federal agency that regulates rail safety, introduced a Notice of Proposed Rulemaking (NPRM) on July 28, 2022, that addresses the number of employees required to operate a train,...more
The rapid onset of the COVID-19 pandemic in March 2020 marked a challenging time for the country and, consequently, U.S. freight rail traffic. Manufacturing slowed, consumer purchasing patterns changed, and for many, shopping...more
The Infrastructure Investment and Jobs Act, H.R. 3684 (117), was signed into law by President Biden on November 15, 2021. In addition to $66 billion in funding for passenger and freight railroads, the law contains a number...more
The rail sector in Great Britain is about to experience the most significant structural change since privatisation. The Government is abandoning the current franchise-based model, in favour of a new “Passenger Rail Contract”...more
President Biden and a bipartisan group of Senators have agreed on a compromise infrastructure proposal that shows promise for garnering the 60 votes necessary to overcome a filibuster, pass the Senate, and become law....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
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
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
ANTITRUST AND COMPETITION - Achilles And Network Rail Infrastructure: A Second Court Trial On Antitrust Lawsuit - Achilles Information and Network Rail Infrastructure are expected to face a second court trial in 2021...more
The United States Surface Transportation Board (“STB”) instituted a Declaratory Order proceeding on February 19th that will address whether 49 U.S.C. 10501(b): . . . preempts the Clean Water Act’s (CWA) discharge...more
• The Clean Water Act imposes permitting obligations on "point sources." • Should those obligations apply to railroad cars, which move freely from state to state? • The U.S. railroad industry has asked the Surface...more
The Subcommittee on Highways and Transit and Subcommittee on Railroads, Pipelines, and Hazardous Materials of the United States House of Representatives (“Subcommittee”) held a hearing on December 5th titled: Where’s My...more
On June 6, 2019, the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation (PHMSA) announced the availability for comment of its draft Environmental Assessment for a Special Permit to...more
As railroads across the country continue to feel intense pressure to drive down costs and operate more efficiently, opportunities abound for friction to develop between participants in the rail network. Because railroads...more