Transit and Commuter Rail

Counseled client on the assembly of a corridor for transit, public recreational trail and park development. This work included compliance with federal grant compliance requirements, negotiations with freight railroads for property acquisition and representation in regulatory proceedings to permit the client to pursue expedited property acquisitions.

Assisted clients in structuring and conducting environmental reviews for proposed projects.

Counseled public transportation agency clients on the interaction of federal, state and local regulations, including federal preemption issues.

Advised on transactions to establish new commuter rail service over an extensive network of freight lines, including negotiations for acquisition of property rights, regulatory procedures to establish authority to purchase freight rail property and negotiations for shared use of the corridors.

Assisted clients in labor and employment issues, including implications of federal labor protection arrangements arising under authority of the Surface Transportation Board and under Section 13(c) of the Federal Transit Act.

Assisted clients in transaction and organizational structures that allow the agency to achieve an appropriate level of interaction with the federal rail labor regime (Railway Labor Act, Railroad Retirement Act and Railroad Unemployment Insurance Act) and other federal statutes governing the rail industry.

Assisted regional commuter rail operator in soliciting proposals and selecting contractors to operate passenger service and maintain rail facilities.

Advised municipal client on federal regulatory requirements relating to implementation of new streetcar service.

Representative Cases

Obtained dismissal of action in which a short-line freight operator attempted to obtain operating rights to a railbanked line despite the lack of any property interest in the line and no demonstrated demand for service or financial capacity to reactivate service. Ballard Terminal Railroad Company, L.L.C.—Acquisition and Operation Exemption—Woodinville Subdivision, FD 35731 (STB served Dec. 30, 2014)

Obtained dismissal of action by a start-up entity seeking to reactivate service on the line despite not having any property rights in the line, the absence of existing demand for service and the lack of financial capacity to reactivate the line. GNP Rly, Inc.—Acquisition and Operation Exemption—Redmond Spur and Woodinville Subdivision, FD 35407 (STB served June 15, 2011

Obtained dismissal of lawsuit by train engineers’ union challenging the use of inward-facing cameras in commuter locomotive cabs on privacy and due process grounds. Brotherhood of Locomotive Engineers and Trainmen v. Southern California Regional Railroad Authority, Case No. BC424287 (L.A. County Sup. Ct. June 1, 2011)

Obtained dismissal on the pleadings of lawsuit by train engineers’ union challenging the use of inward-facing cameras in commuter locomotive cabs on preemption and civil rights grounds). Brotherhood of Locomotive Engineers and Trainmen v. Southern California Regional Railroad Authority, Case No. CV 09-8286 PA (C.D. Cal. June 30, 2010), appeal dismissed, Case No. 10-56197 (9th Cir. Jan. 2012)

Confirmed state agency’s previous acquisition of ownership of rail corridor remaining subject to freight operating easement did not trigger regulatory review requirements and state agency did not become a common carrier providing transportation subject to the STB’s jurisdiction. Maryland Transit Administration—Petition for Declaratory Order, STB Docket No. FD 34975 (Service Date Oct. 9, 2007), aff’d on reconsideration, FD 34975 (STB served Sept.19, 2008.

Obtained approvals for acquisition by Los Angeles County MTA and surrounding counties of lines of railroad from Southern Pacific Transportation Company for use in development of Southern California Regional Rail Authority (SCRRA, Metrolink) commuter rail system; secured determinations over a number of years that public transit agencies did not become subject to Railroad Retirement Act tax when acquiring lines of railroad from freight carriers; subsequently secured “segregation” ruling for SCRRA allowing it to “segregate” the unit of dispatchers to permit them to be covered under Railroad Retirement while preserving the non-covered status of the remainder of the agency’s employees Southern Pacific Transportation Company—Abandonment Exemption—Los Angeles County, CA, 9 I.C.C. 2d 386 (1993); Southern California Regional Rail Authority, B.C.D. 09-4 (RRB Feb. 18, 2009); Southern California Regional Rail Authority, B.C.D. 02-12 (RRB Feb. 12, 2002); Southern California Regional Rail Authority, B.C.D. 94-116 (RRB Dec. 14, 1994); Los Angeles County Metropolitan Transportation Authority, B.C.D. 94-48 (RRB) (1994); Orange County Transportation Authority, Riverside County Transportation Commission, B.C.D. 94-47 (RRB) (1994); San Bernardino Associated Governments, B.C.D. 94-101 (1994); Ventura County Transportation Commission, B.C.D. 94-100 (RRB) (1994).