ECONOMIC REGULATION: DEFINING STRATEGIES FOR POSITIVE OUTCOMES

RAILROADS

Our lawyers have had a continuing role in the railroad industry since the reorganization of the Penn Central and the formation of Conrail. We have:

• Represented major (Class I) railroads as merger parties in five different railroad mergers proceedings before the Interstate Commerce Commission/Surface Transportation Board and as intervenors in proceedings with respect to other proposed mergers;
  
  
• Provided counsel to Congressional committees, railroads, groups of railroads and the Association of American Railroads in a variety of legislative, administrative and judicial proceedings relating to the formation of the current scheme of railroad regulation;
  
  
• Involved in the passage of all four modern railroad laws: 3R, 4R, Staggers, and ICCT Acts;
  
  
• Represented clients in rulemakings and related appellate proceedings concerning limits on railroad revenues, limits on maximum rates, car hire charges, rates for small shippers, access to railroad facilities, rates to shippers, divisions of rates among carriers, and routing of traffic; and
  
  
• Served as counsel to railroads, shippers, and municipal entities in negotiations and administrative, judicial and related appellate litigation relating to:
  
  
  • Common carrier obligations
    
    
  • Access to railroad facilities
    
    
  • Line abandonments and discontinuances
    
    
  • Preemption of local, state and federal law by measures governing the economic regulation and safety regulation of railroads
    
    
  • Railroad obligations under federal and state safety laws
    
    
  • Spills of hazardous materials
    
    
  • Railroad accidents
    
    
  • Use of freight railroad facilities by commuter railroads