News & Analysis as of

Surface Transportation Board

Holland & Knight LLP

STB Nudges Parties Toward Settlement of Chicago Union Station Dispute

by 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...

by 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...

by 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?

by 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

by 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

by 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

Nossaman LLP

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

Burr & Forman

Business Litigation E-Note - December 2017

by Burr & Forman on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

Burr & Forman

Fourth Circuit Holds that Federal Courts Have Concurrent Jurisdiction with Surface Transportation Board over ICCTA Claims

by Burr & Forman on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

Holland & Knight LLP

Rail Blocked Crossing Statute Upheld, Departing From Overwhelming Precedent

by Holland & Knight LLP on

Many states and municipalities have (or used to have) laws that limit the amount of time a railroad may block a traffic intersection. Time and again, courts have determined that these laws are preempted by either the...more

Nossaman LLP

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

by 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

Holland & Knight LLP

STB Revisits its Ban on Ex Parte Communications in Rulemaking Proceedings

by Holland & Knight LLP on

The Surface Transportation Board has taken a significant step in modernizing its regulatory processes by proposing to eliminate its long-standing prohibition on ex parte communications in its informal rulemaking proceedings....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

by 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...

by 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

by 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

Holland & Knight LLP

FRA Invites Bids to Replace Amtrak on Three Routes

by Holland & Knight LLP on

The Federal Railroad Administration (FRA) has announced final rules permitting eligible petitioners to submit proposals to replace Amtrak on up to three Amtrak routes. The rules implement provisions of the Fixing America's...more

Holland & Knight LLP

Eighth Circuit Strikes Down STB Rules Defining "On-Time" Passenger Performance

by Holland & Knight LLP on

In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more

Holland & Knight LLP

Surface Transportation Board Acts to Protect Integrity of its Financial Assistance Process

by Holland & Knight LLP on

The Surface Transportation Board (STB) has adopted new rules to prevent abuse of offers of financial assistance (OFAs) under the ICC Termination Act of 1995. Under the OFA process, a party that wants to preserve rail service...more

Holland & Knight LLP

Rail Issues Before the New Administration

by Holland & Knight LLP on

There was a plenty of rail-related activity during the 114th Congress and the last two years of the Obama Administration. Amtrak and the Surface Transportation Board (STB) were reauthorized with major changes to Amtrak's...more

Poyner Spruill LLP

Locked in Sixty Seconds: Ransomware, Remote Access, and the Brave New Internet of Things

by Poyner Spruill LLP on

A few months ago, we analyzed ransomware incidents and offered some suggestions for handling an episode. Ransomware is a cyberattack in which a hacker uses malware to take control of computer systems. The system owner is...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Rules Surface Transportation Board Has Exclusive Jurisdiction Over Certain Railroad Repair Work

On November 23, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling that the Surface Transportation Board has exclusive jurisdiction over “railroad repair work done at the direction of a federally...more

Benesch

Now You See Them, Now You Don’t: Longstanding Terms of the NMFC’s Uniform Bill of Lading Vanish

by Benesch on

On July 14, 2016, the National Motor Freight Traffic Association (“NMFTA”) published a supplement that changed the terms and conditions of the Uniform Straight Bill of Lading (“USBL”) published in the National Motor Freight...more

Nossaman LLP

Surface Transportation Board Rulemaking to Modify Requirements for Offers of Financial Assistance

by Nossaman LLP on

The Surface Transportation Board (“STB” or “Board”) issued an advance notice of proposed rulemaking seeking comments on how it should revise its rules related to offers of financial assistance (“OFA”). The Board’s goal is to...more

Beveridge & Diamond PC

First Circuit Court of Appeals Clarifies Limited Deference to Surface Transportation Board Views on Railroad Preemption

by Beveridge & Diamond PC on

In two companion decisions released in October, 2015, the U.S. Court of Appeals, First Circuit, considered the extent to which federal preemption of state and local laws applies to railroad operations involving the...more

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Updated: May 25, 2018:

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Privacy Officer
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10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
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Sausalito, California 94965

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Updates to This Policy

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