News & Analysis as of

Surface Transportation Board

Benesch

Regulatory Update for Marine Terminal Operators

Benesch on

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

Venable LLP

PHMSA Announces Beginning of Discussion on Hydrogen and Carbon Dioxide Pipeline Safety

Venable LLP on

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

Venable LLP

Hydrogen Production and Carbon Sequestration May Require the Surface Transportation Board to Clarify Jurisdiction over Carbon...

Venable LLP on

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

K&L Gates LLP

DOT Releases Policy Recommendations Targeting Supply Chain Disruption

K&L Gates LLP on

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

Robins Kaplan LLP

Financial Daily Dose 9.01.2021 | Top Story: Jury Selection Begins in Long-Awaited Elizabeth Holmes Fraud Trial

Robins Kaplan LLP on

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

Benesch

Last Mile Transportation Myths Debunked - And A Path Forward

Benesch on

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

Vinson & Elkins LLP

Labor, Defense, And Rail Services Among Top Competition Concerns Targeted In President Biden’s Executive Order

Vinson & Elkins LLP on

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

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

New Presidential Executive Order Targets Maritime Industry and Ocean Carriers

Holland & Knight LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Normal Operation of Rail Cars in Transit/Applicability of Clean Water Act Discharge Prohibition: U.S. Surface Transportation Board...

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

Holland & Knight LLP

Surface Transportation Board Acts to Prevent a Patchwork Quilt of State Regulatory Requirements

Holland & Knight LLP on

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

Holland & Knight LLP

Biden's "Second Great Railroad Revolution": PTC, Fossil Fuels and Amtrak "Preference"

Holland & Knight LLP on

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

Holland & Knight LLP

Biden's "Second Great Railroad Revolution": STB Impact

Holland & Knight LLP on

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

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Normal Operation of Railcars in Transit/Applicability of Clean Water Act Discharge Prohibition: U.S. Surface Transportation Board...

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

Holland & Knight LLP

When is a Railroad Line "Abandoned?"

Holland & Knight LLP on

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

Holland & Knight LLP

Railroads Seek to Avoid a Patchwork Quilt of Regulatory Requirements

Holland & Knight LLP on

• 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

Mitchell, Williams, Selig, Gates & Woodyard,...

Rail Charges/Recycling Industry: Institute of Scrap Recycling Industries, Inc. Surface Transportation Board Testimony

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

Holland & Knight LLP

Railroad Interchange Dispute Lands at the STB - Two major railroads can’t agree where to exchange traffic in the Chicago Terminal,...

Holland & Knight LLP on

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

Holland & Knight LLP

STB Nudges Parties Toward Settlement of Chicago Union Station Dispute

Holland & Knight LLP on

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

Holland & Knight LLP

If You Liked This Railroad Argument, You’ll Love “Competitive Access” - A small, little noticed case at the Surface Transportation...

Holland & Knight LLP on

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

Miller Starr Regalia

When “Tigers Eat Their Young” – Federal Preemption Of CEQA In Context Of Railroad Projects Will Continue To Present Complex Issues...

Miller Starr Regalia on

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

Holland & Knight LLP

Is Trouble Brewing at Chicago’s Union Station?

Holland & Knight LLP on

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

Nossaman LLP

Senator Highlights Concerns Regarding Freight Train Interference of Amtrak Passenger Trains

Nossaman LLP on

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

Holland & Knight LLP

Surface Transportation Board Hands Shipper a Large Rate Case Win

Holland & Knight LLP on

On Jan. 11, 2018, the Surface Transportation Board (STB) handed a win to a coal shipper in a maximum rate reasonableness case. In the first rate case victory by a shipper in seven years, the STB has ordered CSX...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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How We Protect Your Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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