THURSDAY, NOVEMBER 7TH

(Breakfast on your own)

Welcome Remarks
Thursday 8:45 am – 9:00 am

Session 1 – Meet Your Regulators
Thursday 9:00 am – 10:00 am

This session introduces the chief counsels and senior attorneys for the U.S. Department of Transportation (DOT), Surface Transportation Board (STB), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA), and the regulatory territory each agency covers. The DOT oversees the policy development and implementation for the Administration’s transportation-related goals and objectives, including legislative proposals.  The STB is responsible for licensing and regulation of the economic aspects of the rail industry, and its governing statutes broadly (but not entirely) preempt state law. The FRA regulates the safety of rail operations and is responsible for funding and financing programs directed at developing and maintaining rail infrastructure. The FTA has jurisdiction over a broad array of funding mechanisms applicable to all forms of passenger rail transportation and governs safety for fixed guideway systems other than those regulated by FRA; under current law, continued federal funding is dependent on maintaining safe operations. Our panelists will explain how each agency fulfills its regulatory mandate and what legal issues that parties should be aware of when interacting with these agencies.

Moderator: Charles A. Spitulnik, Partner, Kaplan Kirsch LLP
Allison I. Fultz, Chief Counsel, Federal Railroad Administration
Dana Nifosi Acting Chief Counsel, Federal Transit Administration
Anika Cooper, General Counsel, Surface Transportation Board

Session 2 –  Rail Labor Relations Impacts from Changing Operating and Policy Environments
Thursday 10:00 am – 11:00 am

Moderator: Charles A. Spitulnik, Partner, Kaplan Kirsch LLP
Brian Wilton, General Counsel, NJ TRANSIT
Lori K. Mans, Principal, Jackson Lewis

Break
Thursday 11:00 am – 11:15 am

Session 3 – Meeting the Room
Thursday 11:15 am – 11:30 pm

Participants introduce themselves and learn more about each other in this structured session.

Session 4 – Rail Law 101: Overview
Thursday 11:30 am – 12:30 pm

This session provides attendees with an overview of the passenger rail transportation landscape. Panelists will cover a brief overview of the rail system in the United States, the various modes used, and the legal frameworks that govern them. The many layers forming the railroad industry’s storied history in the United States express themselves in the legal framework applicable to intercity and commuter passenger transportation. We will unpack these layers to help attendees understand why passenger rail is regulated as it is. This session will provide attendees with an understanding of the legal framework governing U.S. passenger rail transportation and the regulatory distinctions that apply to different modes.

Moderator: Charles A. Spitulnik, Partner, Kaplan Kirsch LLP
Ayelet Hirschkorn, Partner, Kaplan Kirsch LLP
Christian L. Alexander, Associate Attorney, Kaplan Kirsch LLP

Session 5 (Buffet Lunch) – Surfacing the Challenges Facing Passenger Rail
Thursday 12:30 pm – 1:45 pm

Over a working buffet lunch, participants are invited to raise key or pressing legal issues and challenges (big or small) that they believe are facing passenger rail today.

Session 6 – Passenger Rail in the Post-Chevron Era
Thursday 1:45 pm – 2:45 pm

The Supreme Court’s landmark decision this year in Loper Bright Enterprises v. Raimondo, which overturned the Court’s so-called Chevron doctrine requiring courts to defer to federal agency interpretations of ambiguous statutes, suggests a significant shift in how courts will scrutinize agency decisions. But just how much will this change? What about statutes that expressly delegate interpretation to agencies? And how does this decision relate to other doctrines addressing discretion afforded to federal agencies? These are some of the questions this session will tackle as it explains what the broader affect may be on passenger rail operators that interact and are subject to a number of federal agencies.

Moderator: Ayelet Hirschkorn, Partner, Kaplan Kirsch LLP
John Putnam, Senior Advisor, Colorado Department of Transportation and former Chief Counsel, US Department of Transportation
W. Eric Pilsk, Partner, Kaplan Kirsch LLP

Session 7 – FRA’s New Certification and Crewmember Regulations
Thursday 2:45 pm – 3:45 pm

In Spring 2024, FRA released three major regulations.  The first required most railroads to operate with at least two-person crews.  The second and third required railroads to certify their dispatchers and signal employees, respectively, and to develop certification programs for each.  Speakers will discuss what these new rules mean for passenger railroads, outstanding issues, and ongoing challenges to each of the rules.  Attendees will deepen their understanding of these significant regulations and learn what common questions and issues have arisen as agencies implement the new mandates.

Moderator: Grant Glovin, Associate Attorney, Kaplan Kirsch LLP
Devin Rouse, Owner, DCRail Advisory LLC
Jo Strang, Senior Vice President, Safety, Regulatory, and Environmental Policy, American Short Line and Regional Railroad Association

Break
Thursday 3:45 pm – 4:00 pm

Session 8 – The Legality, Liability, and Safety of Rails-with-Trails
Thursday 4:00 pm – 5:00 pm

Rails-with-trails occur where rail operations and recreational trails both make concurrent use of a single or parallel corridors, thereby serving multiple public purposes. Such corridors may come about in various ways using different legal mechanisms. Common questions regarding the establishment and operation of such corridors include their legality, the allocation of liability, and the safety of railroad operations adjacent to recreational use. This session explores the different means by which rails-with-trails can be developed and answers the common questions that arise when a public entity is considering dual use of a railroad right-of-way.

Moderator: Christian Alexander, Associate Attorney, Kaplan Kirsch LLP
Andrea Ferster, General Counsel, Rails to Trails Conservancy
Yvonne Mwangi, Trail Resources and Planning Manager, Rails to Trails Conservancy

Sponsored Cocktail Hour and Networking Dinner
Thursday, 5:30 pm – 8:30 pm

FRIDAY, NOVEMBER 8TH

(Breakfast on your own)

Session 9 – How the Latest NEPA Changes Could Affect Your Next Rail Project
Friday 8:45 am – 9:45 am

Rail projects funded by the federal government, or that require other federal government approvals, are subject to the National Environmental Policy Act (“NEPA”).  Complying with the statute’s requirements takes time and may delay project timelines and increase litigation risk.  This session will address recent changes to NEPA prompted by Congress, agency action, and judicial decisions.  Speakers will provide a background on federal regulatory issues associated with NEPA reviews and discuss how projects today may look different from previous generations of rail projects.

Moderator: Grant Glovin, Associate Attorney, Kaplan Kirsch LLP
Sarah C. Judkins, Associate Attorney, Kaplan Kirsch LLP
Lee Farmer, Project Development Manager, VHB

Session 10 – Keynote Address
Friday 9:45 am – 10:30 am

Karen J. Hedlund, Vice Chairperson, Surface Transportation Board

Break
Friday 10:30 am – 10:45 am

Session 11 – The Future of Intercity Passenger Rail
Friday 10:45 am – 11:45 am

Moderator: Charles A. Spitulnik, Partner, Kaplan Kirsch LLP
Michael Alexis, Senior Associate General Counsel, Amtrak
Sean Craig, Assistant General Counsel, Law Department, CSX Transportation

Session 12 – Transit-Oriented Development, Downtown Redevelopment, and Transit Agencies
Friday 11:45 am – 12:45 pm

The rise of hybrid and remote work options in the wake of the COVID-19 pandemic has dramatically transformed the office space sector and, consequently, how Americans use commuter rail systems. In the Spring of 2024, office vacancies across the country hit a record high of 20.5% and the new office construction pipeline is down 67% from where it was prior to the pandemic. Major cities across the country are implementing comprehensive programs, with an emphasis on transit-oriented development (TOD), to revitalize deserted downtown areas and other abandoned business districts given this shift. This session explores the trends in downtown redevelopment through the lens of TOD projects and the role that transit agencies can play in reinvigorating the city centers they serve.

Moderator: Charles A. Spitulnik
Matt Klein, President and CEO, Akridge
Sarah Williams, Project Development Lead, Build America Bureau
Chessy Brady, Transit-Oriented Development Manager, Regional Transit District (RTD) of Denver

Session 13 (Buffet Lunch) – Solution-Oriented Approaches and Exploring the Future of Passenger Rail
Friday 12:45 pm – 1:45 pm

Over a working buffet lunch, participants are invited to reflect on issues raised the previous day, and share any applicable lessons learned or best practices that might be applicable or useful. Participants will have a chance the share their vision for passenger rail, including through their own organizations.

Session 14 – Progressive Project Delivery: Everything You Need to Know But Didn’t Want to Ask
Friday 1:45 pm – 2:45 pm

Jon Godsmark, Senior Managing Director, EY
Lovely Bonhomme, Associate, Kaplan Kirsch LLP
Viktor Zhong, Associate, Kaplan Kirsch LLP

Session 15 – What’s in Store From the Next Administration?
Friday 2:45 pm – 3:45 pm

Moderator: Peter Kirsch, Partner, Kaplan Kirsch LLP
John Putnam, Senior Advisor, Colorado Department of Transportation and former Chief Counsel, US Department of Transportation
Allison Fultz, Chief Counsel, Federal Railroad Administration

Break
Friday 3:45 pm – 4:00 pm

Session 16 – Ethics Session: Representing Clients in a Fishbowl: Ethics in the Era of Instant and Simulated Communication
Friday 4:00 pm – 5:00 pm

Representing public entities often raises a host of specific ethical issues and challenges for attorneys, including accurately identifying who they represent, what profession ethical obligations they owe to different parties and individuals within a public entity, and how to fulfill their ethical duties in an era of artificial intelligence and social media. This session will guide attendees through the factors and applicable ethical rules that attorneys working for public sector clients should consider in addressing these common issues.

Charles A. Spitulnik, Partner, Kaplan Kirsch LLP

Closing Remarks
Friday 5:00 pm – 5:15 pm