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 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
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 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
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
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
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