News & Analysis as of

State and Local Government Surface Transportation Board

Verrill

Jim Cohen Appointed to Northern New England Passenger Rail Authority

Verrill on

On April 22, the Maine State Senate unanimously confirmed the nomination of Jim Cohen to the board of the Northern New England Passenger Rail Authority (NNEPRA). NNEPRA oversees the day-to-day operations of the Amtrak...more

Holland & Knight LLP

Texas High-Speed Railroad Found to Be Subject to Federal Jurisdiction

Holland & Knight LLP on

A proposed high-speed passenger railroad between Dallas and Houston has successfully convinced the federal Surface Transportation Board (STB) that it has jurisdiction over the proposed Texas rail line. While STB jurisdiction...more

Nossaman LLP

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

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

Nossaman LLP

Fourth Circuit Joins Three Others in Determining that the Federal Courts Have Concurrent Jurisdiction over ICCTA Claims

Nossaman LLP on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit determined that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be litigated in the federal courts or at the...more

Sheppard Mullin Richter & Hampton LLP

Faceoff with Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also...

In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101 et seq.) (“ICCTA”) does not preempt the application of the California Environmental...more

Perkins Coie

CA Supreme Court Holds CEQA Not Preempted by Federal Rail Transportation Law for Projects Carried Out by State Agencies

Perkins Coie on

The California Supreme Court has issued its decision in Friends of the Eel River v. North Coast Railroad, an important case regarding preemption of state environmental law by the Interstate Commerce Commission Termination Act...more

Holland & Knight LLP

Calif. High Court: U.S. Rail Law Doesn't Categorically Pre-empt CEQA on Public Entity Projects - Decision Sets Up Showdown with...

Holland & Knight LLP on

The California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21000 et seq., imposes significant procedural and substantive requirements on private and public projects throughout the state. However, even a state law...more

Holland & Knight LLP

STB Finds Arkansas City's Effort to Create New At-Grade Rail Crossing is Pre-empted

Holland & Knight LLP on

The Surface Transportation Board (STB) has found that efforts by the city of Ozark, Ark., to force the reinstallation of a highway-rail at-grade crossing are pre-empted by federal law....more

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