News & Analysis as of

Railways

Transportation Complications - Top Issues to Consider When Drafting an Infrastructure Bill

According to the American Society of Civil Engineers (ASCE), the state of U.S. infrastructure earned a score of a D+ based on its physical condition and needed investments for improvement. In what will come as a surprise to...more

Court Declines to Allow Defendants in Fraud Scheme to Utilize 28 U.S.C. § 2255 or Writ of Coram Nobis to Challenge Order of...

In United States v. Rutigliano, No. 16-3754 et al., the Second Circuit (Jacobs, Raggi, Droney) refused to endorse the reduction of a restitution order against defendants who had conspired to submit fraudulent disability...more

EIR For Railyard Did Not Adequately Analyze Air Quality Impacts

by Perkins Coie on

Rejecting most challenges to the environmental impact report for a new railyard near the Port of Los Angeles, a court of appeal nevertheless held that the EIR must be decertified because it did not adequately address air...more

Market-led proposals update

by Dentons on

On 20 March 2018 Dentons held a "Restoring our Railways" seminar looking, amongst other things, at the "Beeching reversals" outlined in the government's November 2017 paper "Connecting people: a strategic vision for rail" and...more

Fourth Circuit Instructs District Court To Vacate Arbitration Award That Was Not Mutual, Final, And Definite

by Carlton Fields on

The Fourth Circuit reversed and remanded the district court’s order granting Norfolk Southern Railway Company’s motion to confirm an arbitration award determining the amount Sprint must pay to Norfolk Southern for continued...more

O’Hare Express Train Showcases the Viability of P3s for Mass Transit

by Bilzin Sumberg on

Wednesday, the City of Chicago selected two finalists in its procurement process for the planned O’Hare Express, a mass transit system that will connect downtown Chicago to O’Hare International Airport within 20...more

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

Contract Awarded for GO Transit Improvements in Scarborough and Unionville

by Nossaman LLP on

Infrastructure Ontario and Metrolinx have awarded a fixed-price design-build-finance $245.5 million contract to upgrade Agincourt, Milliken, and Unionville GO stations on the Stouffville GO corridor. ...more

Illinois Offers Competitive Freight Program Grants; Deadline for Applications is April 6, 2018

by Holland & Knight LLP on

The Illinois Department of Transportation (IDOT) has announced a competitive grant program that includes up to $225 million in funding for freight mobility projects. The Competitive Freight Program is designed to achieve four...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

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

Logistics: a critical element in Oman's development

by Dentons on

Oman's strategic geographical location has long established the country as a centre for trade, connecting the Middle East to Pakistan and the Indian subcontinent to the East, Iran to the North and Africa to the South. Key to...more

Port of Long Beach Approves Pier B On-dock Rail Facility, Allowing Faster and Greener Ship to Rail Cargo Movement

by Nossaman LLP on

On January 22, the Port of Long Beach Board of Harbor Commissioners approved construction of an on-dock rail facility that will allow the faster movement of cargo with lower environmental impacts, port officials said in a...more

How would a Government Shut-Down Impact the Department of Transportation?

by Nossaman LLP on

A government shut down arises when Congress fails to pass an appropriations act that enables federal agencies to spend. There should be separate appropriations acts for groups of agencies. However, in recent years, Congress...more

First District Holds CEQA Exhaustion Requirements Don’t Apply to Attorney General, Upholds Adequacy of Most of EIR’s Analysis for...

by Miller Starr Regalia on

In a lengthy, partially published opinion filed January 12, 2018, the First District Court of Appeal (Division 3) partly affirmed, but in large part reversed, the trial court’s judgment granting a writ of mandate directing...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

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

D.C. Circuit Upholds FTA Approval of Purple Line Light Rail Project

by Perkins Coie on

Reversing a district court decision that had delayed work on the $2.4 billion Purple Line light rail transit project in Maryland, the U.S. Court of Appeals for the District of Columbia Circuit has held that the Federal...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

Selection Process on Track for Malaysia-Singapore High-Speed Rail Project

by Jones Day on

In what will be the first project of its kind in South East Asia, the governments of Malaysia and Singapore have agreed to collaborate on a high-speed rail project connecting the two nations' capital cities. The bidding...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

Salt Transloading Facility: Court Addresses Whether Local Ordinance is Preempted by Federal Statute

A United States District Court addressed in a December 7th opinion whether the Interstate Commerce Commission Termination Act (“Act”) preempted a Vermont town’s ordinance regulating a salt transloading facility. See Vermont...more

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