James M. Guinivan 

Of Counsel 

Phone: (202) 973-7608

Jim Guinivan concentrates his practice in administrative and appellate work, primarily on behalf of clients in transportation, energy, and other regulated industries. He has specific experience on a number of issues including: the economic analysis of regulatory transactions; regulatory agency jurisdiction over particular entities and transactions; regulatory aspects of entry into and withdrawal from transportation markets; rail abandonments and preservation of rail corridors for transportation and other public uses; application of federal environmental and labor laws to transportation activities by private and government entities; and issues arising under the Railway Labor Act.

Mr. Guinivan has applied this experience in such diverse contexts as: obtaining regulatory approval for the merger of major rail carriers and the construction of new rail lines; advising clients on structuring transactions so as to fall within or outside of agency jurisdiction; counseling private entities on the acquisition of rail lines and public entities and freight railroads on institution of rail services by commuter agencies; advising clients on strategies for obtaining expeditious environmental review of regulatory transactions under the National Environmental Policy Act ("NEPA") and representing them in the NEPA process; advising clients regarding proposed federal deregulatory legislation; and litigating questions of the application of federal rail labor statutes to regulated transactions and entities. He has represented clients in several forums, including the Surface Transportation Board, the former Interstate Commerce Commission, and appellate courts.

Education

  • University of Virginia, 1988, J.D.
  • University of Virginia, 1976, B.A.

Professional Affiliations

  • Vice President of the Hispanic Committee of Virginia

Bar and Court Admissions

  • District of Columbia
  • Virginia
  • U.S. Courts of Appeals for the Tenth, District of Columbia, and Federal Circuits