State and local governments are facing increased pressure to find new and creative ways of addressing issues created by traffic congestion and the associated environmental consequences. Kaplan Kirsch & Rockwell counsels numerous clients in connection with the construction, redevelopment, leasing, and operation of rail facilities, including passenger stations, freight yards, and maintenance depots.
Rail facilities frequently involve a complex mix of transactional considerations, such as issues relating to financing; permitting and federal oversight; federal requirements governing the construction, such as the Americans With Disabilities Act and federal procurement requirements; maintenance and operation of passenger facilities; and threatened or actual litigation. We are skilled at promoting our clients’ interests simultaneously in multiple contexts and venues.
Norfolk Southern Ry. Co v. City of Alexandria, Virginia, 608 F.3d 150 (4th Cir. 2010) (represented the City of Alexandria in defending City ordinances regulating truck traffic from an ethanol transloading facility)
Maryland Transit Administration—Petition for Declaratory Order, STB Docket No. FD 34975 (Service Date Oct. 9, 2007), aff'd on reconsideration, STB Docket No. FD 34975 (Service Date Sept. 19, 2008) (confirmed that state agency’s previous acquisition of ownership of rail corridor that remained subject to freight operating easement did not trigger regulatory review requirements and that the state agency did not become a common carrier providing transportation subject to the STB's jurisdiction)
Tri-State Brick and Stone of N.Y., Inc., et al.—Petition for Declaratory Order, STB Docket No. FD 34824 (Service Date Aug. 11, 2006), petition to reopen denied, STB Docket No. FD 34824 (Service Date Dec. 11, 2007) (successfully represented New York City in attempt by shipper to claim benefits of federal preemption even though it is not a rail carrier providing transportation subject to the jurisdiction of the STB)
The New York City Economic Development Corp.—Petition for Declaratory Order, STB Docket No. FD 34429 (Service Date Jul. 15, 2004) (successfully represented City agency in action seeking determination that federal regulatory scheme preempts state environmental and zoning regulations)
CSX Corporation, et al.—Control and Operating Leases/Agreements—Conrail, Inc., et al., STB Docket No. FD 33388, 3 S.T.B. 196 (Service Date Jul. 23, 1998) (successfully represented New York City, in seeking and securing a direct competitive freight rail alternative on line serving east side of Hudson River where merger proponents had sought to have only one carrier serving that segment of the market)