COMMERCIAL CONTRACTING AND STRATEGIC BUSINESS PLANNING
Advice and counseling to clients, usually in conjunction with railroad economic consultants and strategists, on rail transportation contracting and overall business planning surrounding railroad transportation component of the client’s existing business or plans to expand current operations and/or develop new business opportunities.
DEMURRAGE AND ACCESSORIAL CHARGES
AND PRACTICES
Drafting comments for and testifying on behalf of clients in Surface Transportation Board (STB) demurrage policy and rulemaking proceedings; analysis of the application of railroad charges and practices to individual clients and facilities; litigation and commercial negotiation of disputes over the reasonableness of tariff provisions and the assessment of demurrage and accessorial charges.
REGULATORY POLICY AND LEGISLATION
Representation of firm clients in nearly every Interstate Commerce Commission (ICC) and STB proceeding since 1990 involving the adoption of rules and regulations governing rail competition, rail rate reasonableness standards and processes, the common carrier obligation, rail mergers regulations, and proceedings addressing many other rail policy areas.
FEDERAL PREEMPTION
Counseling and advice to clients on issues involving the preemption of state and local laws by the Interstate Commerce Commission Termination Act and other federal statutes involving railroad construction and operations.
RAILCAR REGULATION LEASING AND ACQUISITION
Advice and counseling to clients on rail tank car regulation by the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA); negotiation and drafting of railcar leases and sale agreements for grain and other rail car types.
SHORT LINE RAILROADS
Railroad construction and acquisition licensing proceedings, including National Environmental Policy Act (NEPA) review of potential impacts and historical review; negotiation and drafting of railroad track leases and operating agreements; analysis and strategic planning on matters involving the jurisdiction, or potential jurisdiction, of the STB, FRA and/or Railroad Retirement Board (RRB) jurisdictional issues.
LITIGATION AND ARBITRATION
Depending on the nature of the dispute and the client’s desires and needs, either lead counsel or co-counsel in state and federal court litigation, arbitration proceedings, and administrative adjudications before federal agencies, the latter including formal complaints challenging the reasonableness of railroad line haul rates, attempting to force the sale of a rail line through a “feeder line” application under 49 U.S.C. 10907, declaratory order proceedings, and rail service and access issues.
RAIL SHIPPER ASSOCIATION REPRESENTATION
Outside counsel for two major associations on railroad regulatory and policy issues; occasional representation of other shipper associations in regulatory proceedings; frequent presenter at rail shipper association events.
RAILS-TO-TRAILS
Representation of state entities, political subdivisions, and qualified private organizations to acquire rail lines and rights-of-way slated for abandonment for the purpose of converting them to recreational trail use and rail banking pursuant to Section 8(d) of the National Trail Systems Act.