We have extensive experience in rail and intermodal transportation matters, both with individual companies and at the level of national policy. We have participated in virtually every major rulemaking at the Interstate Commerce Commission and its successor, the Surface Transportation Board, in the last 40 years. In addition, we have represented both national associations and individual clients in every major rail merger since 1990.
The services that we provide our clients include the following:
- Develop and execute strategies for efficient and cost-effective transportation of raw materials, components, and finished products, in close cooperation with our clients.
- Negotiate and interpret rail and intermodal transportation contracts between and among shippers, carriers, and intermediaries.
- Advise clients in rail contract and service disputes, and if necessary, litigate or arbitrate such disputes.
- Represent client interests in proceedings involving the merger and consolidation of Class I railroads.
- Advise and represent clients in railroad construction, crossing and abandonment proceedings.
- Represent clients in administrative agency rulemakings and proceedings related to rail transportation.
- Advise and represent clients in the pursuit of competitive rail transportation options.
- Represent clients in regulatory proceedings to challenge rail rates as unreasonably high.
- Advise and represent clients on rail safety and compliance issues, including hazardous materials transportation.
- Monitor and advise clients about relevant legislation.
- Record rail car financing transactions and file liens with the STB.
- Advise clients in rail car leasing disputes.
- Counsel clients on the application of the antitrust laws to transportation arrangements and disputes.
- Assisted a major plastics company to develop a rail transportation contract for the shipment of plastics resins from a newly competitive rail origin, resulting in substantial reductions in its transportation charges.
- Represented a major rail shipper in an arbitration proceeding involving the pricing provision of a rail transportation contract, resulting in millions of dollars in savings annually.
- Represented a major steel company in a rail merger proceeding, in which the shipper successfully challenged an anticompetitive arrangement between the merging carriers and a competitor.
- Prepared an offer of financial assistance for a shipper to preserve rail service by acquiring a rail line slated for abandonment.
- Obtained authority for a rail shipper to construct a line of rail that would cross the track of the incumbent and create rail-to-rail competition, resulting in tens of millions of dollars in rate reductions from the incumbent over just a few years.
- Prepared and litigated claims for cargo loss and damage and service delays.
- Preserved rail build-out options in rail merger proceedings for two major chemical manufacturers and an electric utility.
- Prepared comments to the STB in major rulemakings on policies and procedures to govern future rail mergers and future rail rate reasonableness disputes.
- Represented a rail shipper in the "bottleneck" cases, in which the STB set national policy regarding shippers’ rights to challenge unreasonable rates over monopoly rail line segments.
- Advised a rail shipper on the purchase of a rail line and the establishment of operations over the line.
- Advised a hazardous materials shipper on safety regulations and liability issues after a major train derailment, resulting in the release of the shipper’s hazardous materials.
- Advised a rail shipper on its rail car repair obligation at the end of a long-term rail car lease.
- Prepared FRA drug & alcohol testing policy for a short-line railroad.
STB Issues Final Rule on Expediting Rate Cases - Transportation Update
December 07, 2017
STB Reschedules Listening Session on CSXT Service - Transportation Update
September 21, 2017
STB Seeks Comments on New Rail Rate Case Methodology - Transportation Update
September 02, 2016
Class Certification Hearing Format Set in Fuel Surcharge Litigation - Transportation Update
July 11, 2016
STB Seeks Comments on Expediting Rate Cases - Transportation Update
June 16, 2016
New Fuel Surcharge Litigation Class Certification Hearing Dates - Transportation Update
April 28, 2016
STB Seeks Comments on Proposed Rail Merger Structure - Transportation Update
March 11, 2016
STB Reauthorization Act of 2015 - Transportation Update
December 11, 2015
November 11, 2015
Fuel Surcharge Class Certification Hearing Delayed - Transportation Update
September 30, 2015
TRB Report Recommends Significant Rail Regulatory Changes - Transportation Update
June 12, 2015
New Tank Car Standards & Rules for Crude Oil & Ethanol - Transportation Update
May 01, 2015
DOT Addresses Safety of Crude Oil & Ethanol Trains - Transportation Update
April 20, 2015
Rail Transportation: Recent Developments - Transportation Update
April 17, 2015
STB Retains $4 Million Relief Cap for Small Rate Cases - Transportation Update
December 04, 2014
July 25, 2014
STB to Reconsider Rail Fuel Surcharge Safe Harbor - Transportation Update
May 29, 2014
Federal Court Dismisses Rail Indemnity Tariff Challenge - Transportation Update
May 09, 2014
Surface Transportation Board to Examine Core Element of Rail Regulation - Transportation Update
April 04, 2014
FRA Clarifies Jurisdiction Over Private Track Owners - Transportation Update
January 31, 2014
STB Fuel Surcharge Decision - Transportation Update
August 13, 2013
Appeals Court Remands Fuel Surcharge Class Certification - Transportation Update
August 09, 2013