David E. Benz
David is counsel in the firm's Transportation practice group. He focuses his practice on matters involving freight railroad regulation, contracting and strategy. In particular, he assists clients in understanding their rights under federal law, in reducing their rail transportation shipping costs, and in meeting regulatory requirements of the Surface Transportation Board and other federal agencies.
- Transportation contracts: draft, counsel and advise.
- Rail line acquisition, including relevant documents and regulatory requirements.
- Railroad rate reasonableness at the Surface Transportation Board.
- Rail line crossings, easements and other property issues.
- Railroads' duty to provide service under the common carrier obligation.
- Federal preemption issues related to rail transportation.
- Rail line abandonments, including relevant documents and regulatory requirements.
- Trackage rights agreements, rail line leases, and other agreements related to rail operations.
- “Railroads Seek Changes in Revenue Adequacy Determinations,” Thompson Hine Transportation Update, September 2020
- “STB Issues Final Rule on Market Dominance Pleadings,” Thompson Hine Transportation Update, August 2020
- “STB Issues Demurrage Policy and Direct-Billing Rule; Proposes Billing Requirement Modifications,” Thompson Hine Transportation Update, May 2020
- “STB Addresses Application of Demurrage Regulation to Rail Transportation of Exempt Commodities and Boxcar Shipments,” Thompson Hine Transportation Update, March 2020
- “INSIGHT: Freight Transportation—The Ring for State v. Federal Preemption Fights,” Bloomberg Environment, October 2019
- “STB Acts on Concerns Over Unreasonable Rail Demurrage and Accessorial Rules and Charges,” Thompson Hine Transportation Update, October 2019
- “STB Proposes Rail Rate Review Reforms and Announces Revenue Adequacy Hearing,” Thompson Hine Transportation Update, September 2019
- “STB Declines to Address Safe Harbor for Railroad Fuel Surcharges,” Thompson Hine Transportation Update, September 2019
- “Appeals Court Affirms Denial of Fuel Surcharge Class Certification,” Thompson Hine Transportation Update, August 2019
- “Hazardous Materials Shippers May Benefit from Recent Regulatory Changes,” Thompson Hine Transportation Update, November 2018
- “Is Less Ever More,” Drake Law Review, 2017
- “What to Consider if You Have a Rail Line on Your Property,” GlobeSt.com, July 2016
- "Preparing for STB's Hearing on Rail Demurrage & Accessorial Charges," Thompson Hine Webinar, April, 2019
- "How Long is the Jurisdiction Arm of the STB?," The Association of Transportation Law Professionals, Transportation Forum XIII, Washington, DC, November 14, 2016
- Recognized in Chambers USA: America's Leading Lawyers for Business, Transportation, Nationwide, 2016-2019
- Listed in Legal 500, 2018 and 2019
- Association of Transportation Law Professionals
INSIGHT: Freight Transportation—The Ring for State v. Federal Preemption FightsBloomberg Environmental
October 28, 2019