Dan Orlaskey focuses his practice on railroad and transit matters. He counsels both private and public sector clients on a range of issues, including federal funding, public-private partnerships, regulatory compliance, environmental law, and administrative proceedings. Dan has extensive experience working with federal grant and loan programs as well as issues involving Surface Transportation Board jurisdiction.

Prior to joining the firm, Dan spent 13 years with the Federal Railroad Administration as the lead attorney for southern region for railroad project development.  In this role, Dan was responsible for all facets of project delivery, including drafting, negotiating, and review of grant agreements, statements of work, memoranda of understanding, operating and maintenance agreements, real estate documents, right-of-way access agreements, easements, and other documents necessary to progress rail projects.  Projects ranged from small grade-crossing improvements to full-scale rail corridor planning and construction.

Dan was also the lead attorney for the southern region for NEPA environmental reviews and clearances for federally funded rail projects. This included legal reviews of NEPA documents including Environmental Impact Statements, Environmental Assessments, Records of Decision, Findings of No Significant Impact, and documents concerning historic preservation, the Clean Water Act, and use of protected resources under various environmental statutes including the Endangered Species Act and Coastal Zone Management Act.

Dan has worked on public private partnerships (P3s) to support railroad projects.  This included the use of federal grant and loan funding and/or private activity bonds to support P3 projects; drafting of project agreements, third-party agreements, and MOUs; and negotiating terms and conditions for sub-grantees.

Dan was also the lead FRA attorney for matters before the Surface Transportation Board, which involved reviewing proceedings and drafting filings on behalf of the FRA and Department of Transportation on matters such as railroad mergers, rail line abandonments, commodity exemptions, reciprocal switching, and Amtrak operating authority.   

Representative Experience

• Lead attorney at the Federal Railroad Administration for railroad project development (South Region) and environmental compliance for 13 years.
• Represented FRA in NRDC Freedom of Information Act litigation
• Represented FRA in NEPA litigation regarding the Brightline passenger rail project in Florida
• Drafted pleadings on behalf of the FRA and DOT regarding a variety of issues before the STB, including reciprocal switching, commodities exemptions, captive shippers, Amtrak operating authority, and railroad mergers.

Professional and Civic Activities / Rewards

• American Society of Access Professionals
• Chesapeake Bay Foundation
• National Lawyers Guild
• Phi Alpha Delta Law Fraternity

Community

Outside of his law practice, Dan is an active member of his community and serves as a Washington, DC Advisory Neighborhood Commissioner for Single Member District 1B02.  In this role he has worked on issues involving construction, zoning, economic and residential development, as well as administrative proceedings.

• Boy’s Lacrosse Coach – School Without Walls (Washington, DC) 2015-2020
• Advisory Neighborhood Commissioner for Single Member District 1B02 (elected, non-partisan, DC government position)

Publications

The Robin Hood Antithesis – Robbing from the Poor to Give to the Rich: How Eminent Domain is Used to Take Property in Violation of the Fifth Amendment, 6 U. Md. L.J. Race Relig. Gender & Class 515 (2006)