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
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
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
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
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
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
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
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
Numerous CEQA-related developments have recently been in the news. Some of possible interest include: Kings and Kern Counties, the Kings County Farm Bureau, and a number of other groups filed a petition on February 9 with the...more
Environmental and Policy Focus - Rail case heading to state Supreme Court: Willits News - Jan 27: The Supreme Court of California has accepted review of a lower court decision holding that federal law implemented by...more
Yesterday, the federal Surface Transportation Board (STB) authorized the California High-Speed Rail Authority (Authority) to construct the initial 65-mile segment of its passenger train system between Merced and Fresno,...more