Sandra L. Brown

Practices

• Transportation

Professional Experience

Sandy is a partner in the firm's Transportation group. She represents bulk commodity shippers and other entities that are users of transportation services, such as electric utilities, state and local government entities, ports, as well as coal, aggregates, chemicals and plastics shippers. Her experience includes advising clients on the buying, selling and moving coal domestically and internationally.

Sandy also provides advice on strategic planning for the transportation of bulk commodities particularly designed at establishing or enhancing competitive transportation alternatives and provides counsel on rail construction and environmental review; transportation and coal supply contract drafting and negotiating; counsel on regulated rate challenges; counsel on federal preemption in transportation matters; and representation at proceedings before the Surface Transportation Board ("STB," formerly the Interstate Commerce Commission, "ICC").

Prior to joining Thompson Hine, Sandy was a partner with Troutman Sanders LLP. Before entering private practice, she was an attorney with the White House Counsel's office and the Interstate Commerce Commission.

Sandy is admitted to practice in the states of Maryland, Ohio (inactive), and the District of Columbia. She is also admitted to practice before the U.S. District Court for the District of Columbia, the District Court of Maryland, the District Court of Wisconsin and before the U.S. Supreme Court.

Education

• Ohio Northern University, J.D., 1993
• Goshen College, B.S., 1990

• Counsel and implement construction and operation of rail line projects for clients to transport coal and other bulk commodities, including securing necessary regulatory and environmental authorization from the Surface Transportation Board, U.S. Army Corps of Engineers and other agencies.
• Provide counsel to a Midwest energy company in developing and implementing a transportation and coal supply strategy designed to establish or enhance competitive coal transportation alternatives with one such strategy alone resulting in $15 million a year savings for the company.
• Provide strategic counsel to several leading power companies in North America. Representation includes: review, assessment, and negotiation of transportation, fuel and related agreements, along with counsel on all related fuel strategies including regulatory issues, rail competition issues, rate and fuel surcharge challenges at the STB and courts, derailments, coal dust, embargoes, force majeure implications and service and reliability issues.
• Counsel to international port on options and remedies available to improve, restore or expand rail service. Successfully obtained STB order requiring existing railroad to sell its rail line to the port at the net liquidation value under the STB's "feeder line" statute.
• Counsel to aggregates and other bulk commodity shippers on issues such as commodity exemptions, federal preemption and the common carrier obligation as it relates to rail transportation.
• Prepare testimony, provide legal analysis and lead discovery process for various clients in numerous major rail merger proceedings and other dispute proceedings against Class I and short line railroads at the STB.
• Litigation and advocacy counsel to railroads, citizen groups, utility companies and state and local governments on appellate review of agency decisions in federal courts.
• Provide legislative and policy counsel for railroads, state and local governments, and other entities on transportation issues, including the successful obtainment of Federal appropriations for transportation projects.

• Co-Author, "Section 11102: Is It the Answer to Competitive Access? – Examining the Varying Standards Applied by the Surface Transportation Board When It Is Determining Whether to Grant Terminal Trackage Rights Access" · Journal of Transportation Law, Logistics and Policy, Spring 1999

• Roundtable Discussion on Coal Dust Mitigation, National Coal Transportation Association, April 2010
• Testimony at Surface Transportation Board's Hearing: Renewed Petition, Western Coal Traffic League, Regarding Railroad Sale or Lease Agreements and "Paper Barriers", STB Ex Parte No. 575, July 2006
• "Something's Gotta Give – Where do Shippers and Railroads Go from Here?", National Coal Transportation Association, April 2006
• "Fuel Procurement Management: Supply, Stockpile & Transportation Administration", American Coal Council, October 2004
• "Rail Transportation Rates", Virginia Conference on World Trade, October 2003