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Allison Ishihara Fultz
Alternate image for Allison Ishihara Fultz

Allison Ishihara Fultz

Partner

  • Rail, Transit, Highways, and Infrastructure|
  • Government and Public Policy|
  • Real Estate, Land Use, and Zoning|
Washington, DC
202.955.5600
afultz@kaplankirsch.com
  • Overview
  • Representative Experience
  • Resources and News
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Before I became an attorney, I practiced architecture for nearly 15 years. Having been in the business of getting things built, my approach to legal questions and strategic advising is rooted in crafting practical solutions at every point of a project’s life cycle. I’ve spent most of my career in the private sector, working with a broad range of public and private entities, and recently had the privilege to serve as the Chief Counsel of the Federal Railroad Administration for over three years.

I bring a wealth of expertise in transactional and regulatory matters related to transportation. My diverse client portfolio includes public transportation agencies, state and local governments, transit safety oversight organizations, and private entities. My practice addresses a wide array of issues, such as agreements for the shared use of rail corridors for both freight and passenger operations, the planning and development of new or expanded passenger rail service, real estate transactions, the acquisition and abandonment of railroad rights-of-way, and the conversion of rail corridors into recreational trails under the rails-to-trails program. I also advise on inter-city passenger rail service, environmental compliance, historic preservation, administrative and judicial litigation, and agency rulemaking. With a deep understanding of project procurement and development, I am skilled in drafting and negotiating contracts for the construction, operation, and maintenance of rail infrastructure and equipment.

Before rejoining the firm in early 2025, Allison served as Chief Counsel of the Federal Railroad Administration (FRA), an operating administration of the U.S. Department of Transportation (USDOT), where she was the agency’s top legal officer. In this role, she provided strategic counsel to the agency and USDOT on complex regulatory, legislative, and policy matters affecting the nation’s rail system. Leading a team of legal professionals, she ensured compliance with federal laws while advancing FRA’s mission to promote safety, efficiency, and sustainability in rail transportation. Her responsibilities included drafting, revising, and reviewing regulations, negotiating agreements with industry stakeholders, and managing the legal dimensions of federal grant and loan programs. Allison’s leadership and extensive experience have made her a trusted advisor in navigating the intricate legal and regulatory landscape affecting transportation infrastructure.

She also is a licensed architect, currently inactive, and has practiced in both the United States and Canada. Allison has directed feasibility studies, master plans, and building projects for institutional, government, and educational clients from the project programming stage through construction.

Representative Experience

Washington Metrorail Safety Commission
Outside general counsel and special outside counsel to safety oversight body established in 2019 and responsible for monitoring and enforcing federal safety standards on the Washington Metro system, including advice on agency formation, governance, procurement, and regulatory compliance

Atlanta BeltLine, Inc., Georgia
Negotiation, drafting, strategic advice, and extensive federal regulatory counsel in connection with acquisition and development of rail corridors for public trail and modern streetcar passenger transit uses

City of Chicago, Illinois
Legal, regulatory, and strategic advice to the City in STB proceeding requiring a Class I railroad to comply with environmental and operating obligations; counsel to the City in analyzing and commenting on rulemaking and related legislative and regulatory efforts governing the shipment of crude oil by rail

City of Denver, Colorado
Legal counsel, transactional, regulatory, and strategic advice in connection with railroad reconfiguration necessary for major redevelopment project

Georgia Department of Transportation
Counsel to state transportation agency on the negotiation and drafting of leases for freight rail operations on state-owned rail lines; regulatory and transactional advice in connection with preservation of state-owned rail rights-of-way and negotiation of interim trail use and related agreements

Indiana Department of Transportation
Legal counsel, transactional and regulatory advice in support of a reconfiguration of the service delivery structure for Hoosier State intercity passenger rail service, including negotiation and drafting of agreements with Amtrak and other service provider, and extensive coordination with the Federal Railroad Administration

Capital Corridor Joint Powers Authority, California
Counsel to the agency in litigation challenging FRA rulemaking and guidance concerning scope of regulatory obligations assumed by public financial sponsors of intercity passenger rail service; counsel to the agency in connection with regulatory and environmental review of proposed petroleum refining depot and expanded shipment of crude oil by rail on lines shared with the passenger system

Atlanta Streetcar, Georgia
Extensive strategic, regulatory, and transactional counsel and negotiation with state and federal regulatory bodies to initiate new streetcar services

DC Streetcar, Washington, DC
Advised DC project team on strategy and coordination for completion of commissioning and service start-up of first segment of new streetcar service

King County, WA
Counsel in connection with interim trail use, intergovernmental agreements and regulatory proceedings regarding rail corridor preservation; regulatory and transactional counsel in connection with federally-mandated county construction project across freight rail line

Maryland Department of Transportation
Counsel regarding regulatory status and options for use of state-owned freight rail properties potentially involving short line freight service or trail development, including extensive interaction with federal regulatory agencies, and administrative and federal appellate litigation

New Jersey Transit
Counsel and drafting of regulatory documents for acquisition and continued shared use of freight rail lines; strategic counsel and drafting of pleadings in administrative litigation before Surface Transportation Board

Pitkin County, Colorado
Legal analysis and strategic advice in connection with the regulation of unmanned aircraft systems to protect citizens’ privacy

Regional Transportation District, Denver, Colorado
Negotiated and drafted purchase and sale agreements, operating agreements, easement agreements, and related regulatory documents for the acquisition of significant rail corridors from two major freight railroads; provided regulatory counsel relating to STB review of transactions

South Florida Regional Transportation Authority (Tri-Rail)
Regulatory analysis, drafting, and counsel in connection with rail transactions, operations, and environmental review of client and third-party projects

Southern California Regional Rail Authority (Metrolink)
Strategic analysis and drafting of operating agreements; regulatory counsel and drafting in connection with abandonment of rail lines being acquired by client

Private Sector Representation

  • Special regulatory counsel to purchaser of Class II railroad in connection with STB authorization of transaction
  • Advice to private hotel developer and owner in connection with enforcement action to address excessive noise from nearby rail yard
  • Advice to short line railroad concerning coordination with local land use and development authorities

Resources and News

News

Presentations

Publications

  • State of Play: USDOT Asks Court to Declare Its Disadvantaged Business Enterprise Program Unconstitutional 

    News | June 3, 2025
  • Three Senior Attorneys Join Kaplan Kirsch After Serving in Federal Government, Expanding the Firm’s Strength in Infrastructure, Transportation, Environmental, and Native American Law

    News | June 2, 2025
  • U.S. Supreme Court Narrows NEPA Review

    News | May 30, 2025
  • CORRECTION: FTA Issues New Certifications and Assurances

    News | May 29, 2025
  • view all
  • Bipartisan Infrastructure Law implementation – multiple conferences (2021-2024)

    Presentations | January 1, 2021
  • "FTA State Safety Oversight"; "FRA Rail System Safety Plans"; "FTA Public Transportation Safety Program"

    Presentations | September 1, 2015
  • Electric Utility Consultants, Inc., Webinar Presenter, “Historic Preservation Act of 1966, Section 106: Obtaining Permits for Projects”

    Presentations | July 1, 2015
  • Oil and Ethanol Shipments by Rail in Your Community

    Presentations | May 13, 2015
  • view all
  • “Unmanned Aircraft Systems: The Airport and Local Government Perspective: The Interplay of Local and Federal Regulation,” The Air & Space Lawyer, Volume 28, Number 2, at 13

    Publications | June 2, 2015
  • “Rail-served Industrial, Commercial Properties: Tips for Property Owners,” Colorado Real Estate Journal

    Publications | June 5, 2013
  • Association of Transportation Law Professionals, Association Highlights, Commuter Rail Updates – bi-monthly column (2007-2015)

    Publications | January 2, 2007
  • Contributor to an Access Board publication for architects and building owners outlining the application of the Americans with Disabilities Act Guidelines for Buildings and Facilities to Historic Properties

    Publications | January 1, 2003

Primary Sidebar

Practices

  • Airport Environmental Impacts and Conformity
  • Airport Planning and Development
  • Community Representation
  • Construction
  • Design-Build Contracting
  • Environment, Public Lands, and Conservation Litigation
  • Environmental Due Diligence
  • Environmental Impact Reviews
  • Environmental Litigation
  • Establishing New Organizations, Programs, and Building Capacity
  • Federal and State Public Lands
  • Freight Issues
  • Government and Public Policy
  • Grant Assurance Compliance
  • Hazardous Materials and Safety
  • Historic and Archeological Resources
  • Intergovernmental Agreements
  • Land Use and Zoning
  • Multi-Modal Transportation Facilities
  • Policy Strategies & Legislation
  • Policy Strategies and Legislation
  • Project Development
  • Public Meetings, Open Records, and Participation in the Public Process
  • Public Procurement
  • Public-Private Partnerships
  • Rail and Transit Litigation
  • Rail Facilities and Line Acquisitions
  • Railbanking
  • Real Estate Development and Transactions
  • Real Estate, Land Use, and Zoning
  • Real Estate, Land Use, and Zoning Litigation
  • Safety and Security
  • Surface Transportation Project Delivery through P3s
  • Surface Transportation Project Delivery through P3s
  • Transit and Commuter Rail
  • Transit-Oriented Development
  • Unmanned Aircraft Systems / Drones

Education

  • J.D., American University School of Law, magna cum laude
  • M.Arch., Princeton University
  • A.B., Princeton University, summa cum laude

Bar & Court Admissions

Bar Admissions

  • Maryland
  • District of Columbia

Court Admissions

  • U.S. Court of Appeals, District of Columbia
  • U.S. District Court, Eastern District, Michigan
  • U.S. District Court, Northern District, Illinois

Organizations

  • Transportation Research Board – Committee on Transit and Intermodal Transportation Law
  • Maryland Bar Association
  • District of Columbia Bar Association
  • Montgomery County, Maryland, Board of Appeals (2001-2009), Chairman (2004-2009)

Honors

  • Best Lawyers in America® for Transportation Law (2020)
  • Super Lawyers® “Rising Star” for Transportation Law; Administrative Law; Land Use/Zoning Law (2014)
projects that keep life moving®
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