Rail Facilities & Line Acquisitions

Passenger and Freight Experience: Negotiated purchase and sale agreements, funding and financing agreements, leases, operating and maintenance agreements and access licenses in connection with passenger and freight rail facilities.

Expansion of Commuter Rail Service: Negotiated agreements with operators of intercity high-speed rail service for expansion of commuter rail service currently operating on a nearby corridor, requiring resolution of issues related to operation of freight, commuter and intercity and, in certain cases, high-speed intercity service on the same corridor.

Acquisition Expertise: Negotiated terms for acquisition of railroad corridors and of a rail yard from freight carriers for use by commuter agencies for maintenance and storage of commuter equipment.

Multi-Party Agreements: Negotiated and drafted multi-party agreements for the rehabilitation and occupancy of passenger rail facilities for regional public transportation providers initiating commuter rail service.

Unauthorized Occupancy: Prosecuted simultaneous regulatory and judicial actions relating to the unauthorized occupancy of a rail yard owned by a client public agency.

Americans With Disabilities Act Requirements: Advised a state public transportation agency on the allocation of responsibility for improvements to passenger station facilities to meet revised Americans With Disabilities Act requirements.

Litigation

Property and Statutory Rights: Successfully represented Southeastern Pennsylvania Transportation Authority (SEPTA) in litigation against Amtrak that sought confirmation of SEPTA's right to access and use the Philadelphia section of the Northeast Corridor and adjacent stations pursuant to property and statutory rights created when Congress allocated rights in the Corridor among commuter, passenger and freight operators. We obtained summary judgment on the statutory right of access in the District Court and the Court of Appeals affirmed SEPTA's property right of access. National Railroad Passenger Corporation v. Southeastern Pennsylvania Transportation Authority, No. 21-7021 (D.C. Cir. 2022).

Guaranteeing Adequate Rail Service: Represented the State of Vermont, acting through its Agency of Transportation, in seeking and securing conditions guaranteeing adequate rail service for operators of the State;s publicly owned rail lines. CSX Corp. and CSX Transp. Inc., et al.–Control and Merger—Pan Am Systems, Inc. et al., FD 36472 (STB served Apr. 14, 2022).

Regulating Truck Traffic: Represented the City of Alexandria in defending city ordinances regulating truck traffic from an ethanol transloading facility. Norfolk Southern Ry. Co v. City of Alexandria, Virginia, 608 F.3d 150 (4th Cir. 2010).

Regulatory Review Requirements: Confirmed that a state agency's previous acquisition of a 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 subject to the Surface Transportation Board's (STB) jurisdiction. Maryland Transit Administration—Petition for Declaratory Order, FD 34975 (STB served Oct. 9, 2007), aff'd on reconsideration, FD 34975 (STB served Sept. 19, 2008).

Benefits of Federal Preemption: Successfully represented the City of New York in an attempt by a shipper to claim federal preemption benefits even though it was not a rail carrier providing transportation subject to the jurisdiction of the STB. Tri-State Brick and Stone of N.Y., Inc., et al.—Petition for Declaratory Order, FD 34824 (STB served Aug. 11, 2006), petition to reopen denied, FD 34824 (STB served Dec. 11, 2007).

Environmental and Zoning Regulation: Successfully represented a city agency in an action seeking determination that the federal regulatory scheme preempts state environmental and zoning regulations. The New York City Economic Development Corp.—Petition for Declaratory Order, FD 34429 (STB served Jul. 15, 2004).

Competitive Freight Rail Alternative: Successfully represented the City of New York in seeking and securing a direct competitive freight rail alternative serving the east side of the Hudson River where merger proponents had sought to have only one carrier serving that segment of the market. CSX Corporation, et al.—Control and Operating Leases/Agreements—Conrail, Inc., et al., 3 S.T.B. 196 (1998).