The firm represents clients in all facets of the rail transit and freight rail industries. The increasing demand for both freight and passenger service over the nation's rail network demands the careful negotiation of agreements for access to and use of rail corridors, vigorous representation of our clients' interests in the allocation of limited rail resources, and meticulous pursuit of any necessary regulatory approvals. Our practice reflects a particular focus on representation of state and local governments facing issues involving interaction with the railroads that serve their communities. This includes developing plans for new, continuing or expanding commuter rail and transit service, the establishment of railbanking arrangements, and other issues related to the presence of the railroads in the community. For commuter rail and transit operators, this work includes assessing how to identify and then secure rights of way, negotiating with and selecting operators of the commuter service, and addressing regulatory, labor, and other issues that arise in the development and operation of urban rail systems. The firm's attorneys have negotiated with freight railroads and Amtrak on the acquisition of ownership or other rights to use rights-of-way as well as on arrangements for shared use of the corridors or tracks by freight, intercity passenger, regional/commuter passenger and light rail/transit operations. In addition, we have assisted state and local governments in addressing environmental, competitive, service quality and other issues. Among other clients, the firm has represented or advised state, regional or local governments, including transit and rail authorities, in Delaware, North Carolina, Utah, Vermont, Virginia, Southern California, the Baltimore-Washington region, South Florida, New York City, Atlanta, Denver and Cleveland.

The firm's lawyers have experience and expertise regarding a variety of regulatory and compliance issues relating to surface transportation law, including hazardous materials transportation, driver drug testing, transportation finance and grants, transit issues and the regulation of freight rail operations. At the federal level, Kaplan Kirsch & Rockwell lawyers regularly practice before the Surface Transportation Board, Federal Railroad Administration, Federal Transit Administration, Railroad Retirement Board and Department of Transportation. The firm's attorneys are well-versed in the specialized areas of law, policy and practice governing these agencies. Because litigation may be necessary at times to assert or defend our clients' interests, our attorneys have litigated in many federal district courts, most federal courts of appeals as well as many state courts.



Kaplan, Kirsch & Rockwell's experience in rail passenger projects is both broad and deep. The firm's attorneys have counseled a number of public transit agency clients on issues ranging from the initial planning of their systems, through the acquisition of rail corridors and construction of facilities and the implementation and operation of service. For any given matter, our representation frequently addresses issues relating to land use; real property rights; environmental review; the overlap of federal, state and local regulation; shared use of rail corridors for passenger and freight use; labor and employment issues, including determining transaction and organizational structures that will allow the agency to achieve an appropriate interaction with the federal rail labor regime; implications of federal labor protection arrangements (e.g., Section 13(c) of the Federal Transit Act); the strategic use of, or exemption from, federal regulatory processes; negotiation of contracts with third party operators and right-of-way signal, and equipment maintainers; and litigation to protect our client's interests.

Many of our clients are state or regional commuter rail or transit agencies who must negotiate with railroads to acquire the right to operate passenger service. Every transaction is unique, and we assist our clients in obtaining outright ownership of rights-of-way, easements, leases or licenses as the particular situation demands.

In any of those transactions, we are frequently called upon to negotiate the right of one or more freight or other passenger railroads to also conduct freight operations on the line. We regularly counsel transit agencies in connection with the negotiation of agreements for the shared use of rail corridors and related facilities, including passenger terminals. Such transactions typically involve the negotiation and drafting of agreements and easements with the freight railroads to permit shared freight and passenger use of corridors; agreements regarding allocation of responsibility for maintenance of right-of-way and signals; and agreements with Amtrak for the operation of intercity service over lines owned by the client agency.

State governments that own rail corridors and operate commuter or transit service occupy a distinct niche within the framework of federal rail regulations. Our attorneys' detailed knowledge of this focused regulatory regime has been acquired through frequent practice before the relevant federal agencies. Kaplan, Kirsch & Rockwell's attorneys are experienced in applying the specialized regulations and policies relating to labor and employment, regulatory treatment of rail corridors, the scope of regulatory obligations attendant upon transit agencies, and exemptions from generally-applicable regulations that apply to commuter and transit agencies.



The conversion of underused rail corridors to public trail use is an integral feature of the regulation of the nation's rail system. Kaplan, Kirsch & Rockwell's attorneys are actively involved in negotiating and administering railbanking agreements on behalf of state and local governments. Railbanking arrangements frequently involve such issues as the transfer of ownership in rail corridors; the establishment of easements to provide for various rights and obligations with respect to the construction, use and maintenance of trails; the shared use of corridors for trail and other recreational or transit functions; and agreements governing the future reinstitution of rail service. Because railbanking agreements typically involve complex issues relating to real property rights, transaction structure and timing, and conformance with strict regulatory requirements, most railbanking transactions demand a diverse range of negotiating skills and detailed knowledge of specialized agency practice. Kaplan, Kirsch & Rockwell's attorneys have extensive experience in moving projects efficiently through the regulatory process at the Surface Transportation Board. We maintain established relationships with the nation's major railroads, who are frequent negotiating partners.



Communities across the country are directly affected by the movement and handling of hazardous materials within their boundaries. They also have an interest, and frequently the obligation, to enforce environmental laws in a variety of contexts. Kaplan, Kirsch & Rockwell lawyers represent state and local governments in connection with the complex regulatory issues governing hazardous materials transportation and the general enforcement of environmental laws. Many aspects of the control of hazardous materials and environmental protection are governed solely by federal law, but identifying the points at which federal and state jurisdiction meet or overlap requires precise analysis. Kaplan, Kirsch & Rockwell attorneys provide skilled counsel to help state and municipal clients aggressively defend their interests, circumscribe areas of federal and local jurisdiction, and move forward with legal, policy and legislative strategies. This work involves specialized knowledge of, and practice before, the Surface Transportation Board, Federal Railroad Administration and other state and federal administrative agencies. Our recent efforts in this area include the successful representation of state and county governments in numerous parallel proceedings before the Surface Transportation Board and in state court on issues relating to the scope of federal preemption of state environmental law, and ongoing representation of a municipal government in simultaneous agency and federal court litigation of issues relating to the transport and handling of ethanol.



On behalf of cities and states nationwide, we draw upon our experience in the representation of freight railroads, to provide advice, counsel and representation in litigation on issues covering the full range of freight rail regulation.



City of Atlanta, GA (acquisition and regulatory proceedings necessary to establish the 22-mile Atlanta BeltLine)

King County, WA (negotiation of a series of multi-party agreements to realize a phased project involving the accommodation of continued freight rail service, establishment of a public use trail and preservation of a 26-mile long rail corridor for potential public transit use)

Regional Transportation District, Denver, CO (negotiations with freight railroads for implementation of the proposed multi-corridor FasTracks rail transit system)

Union Station Redevelopment, Denver, CO (negotiations with the Federal Railroad Administration and Amtrak concerning the reconfiguration of tracks and related facilities)

Maryland Transit Administration (regulatory matters before the Federal Railroad Administration and the Railroad Retirement Board)

Santa Clara Valley Transportation Authority (waiver of regulations concerning shared tracks with freight railroads)

City of New York (acquisition, negotiation and successful administrative litigation concerning the High Line, an elevated rail structure running 1.2 miles along the west side of Manhattan; securing competitive, direct freight rail service on the East side of the Hudson River)

City of Cleveland, OH (securing Surface Transportation Board mandate for mitigation by merging rail carriers of adverse environmental impacts of proposed transaction)

Commuter Authorities in Southern California, South Florida, Maryland, Washington and Colorado (negotiation of agreements for acquisition of ownership or other rights to use existing rail corridors and for operation of the commuter rail system, including securing federal regulatory approvals where required)


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