The Supreme Court of the United States announced on June 24, 2024, that it will review a case that could have major ramifications for the development of U.S. infrastructure projects. In Seven County Infrastructure Coalition...more
Marine terminal operators (MTOs) and ocean common carriers became easy targets upon which to cast blame for the port congestion issues and supply chain weaknesses arising out of the COVID-19 pandemic....more
The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently announced that it will hold several days of informational meetings to address topics important to carbon dioxide and hydrogen pipeline developers and...more
A coming wave of planned carbon sequestration projects related to the production of blue hydrogen and climate change remediation may force the Surface Transportation Board (STB) to clarify whether it has jurisdiction over the...more
Dozens of ships anchored outside of America’s busiest ports, steadily spiking freight rates, and frustrated consumers inheriting both the paralyzing delays and the exorbitant price increases: these have been the painful...more
Dispatch #1 from the Elizabeth Holmes Theranos criminal fraud trial, which opened yesterday with jury selection and saw the excusing of 9 of the initial batch of about 50 potential jurors for lack of vaccination...more
One of the most important stories in the transportation space over the last few years has been the explosive growth of last mile residential delivery. The global pandemic has only further fueled demand for this localized and...more
As has been well-publicized, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “EO” or “Order”).1 As the preamble articulates, the EO’s focus is to “promote the...more
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
Cargo congestion has reached historic proportions during the COVID-19 pandemic as the demand for imports by U.S. consumers and businesses has skyrocketed combined with an increase in operational disruptions. The effect has...more
The United States Surface Transportation Board (“STB”) issued a Decision on December 29th addressing a preemption issue related to the Clean Water Act. See Association of American Railroads – Petition for Declaratory Order,...more
The Surface Transportation Board (STB) has issued a comprehensive decision that will likely forestall years of litigation over the scope of the Clean Water Act's (CWA) application to the interstate rail network. In...more
As noted in Part 1, 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 rail system...more
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 rail system in the world – for...more
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
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 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
• 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 Institute of Scrap Recycling Industries (“ISRI“) entered testimony on May 8th before the United States Surface Transportation Board (“STB“) addressing the impact of rail charges on the recycling industry. The STB is...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
A federal agency has, for the time being at least, refused to intervene in a dispute between Amtrak and Metra over Metra’s use of Chicago Union Station. Back in April, this blog reported on a budding conflict between...more
The unintended consequences of regulatory action may sometimes come as a surprise, but often there are clues that could inform decision makers—if they know where to look. Two colossuses of the rail industry, Union Pacific...more
On April 30, 2018, the United States Supreme Court denied the petition for writ of certiorari filed in North Coast Railroad Authority v. Friends of the Eel River, U.S. Supreme Ct. Case No. 17-915, which presented this issue: ...more
A recent filing at the U.S. Surface Transportation Board (STB) reveals a potential, budding conflict between Metra and Amtrak involving Metra's use of the Chicago Union Station. Amtrak owns the station and Metra is its...more
The U.S. Senate Committee on Commerce, Science, & Transportation (“Commerce Committee”) recently held a nomination hearing to fill two vacancies on the Surface Transportation Board (“STB”), the economic regulator of...more