Rail, Transit, Highways, and Infrastructure

Ownership and Right of Use: Negotiated with freight railroads and Amtrak; provided counsel on regulatory requirements and the acquisition of ownership or other rights to use rights-of-way; advised and negotiated arrangements for shared use of the corridors or tracks by freight, intercity passenger, regional/commuter passenger, and light rail/transit operations.

Disposition of Rail Property: Provided strategic advice, regulatory analysis and recommendations concerning the sale or transfer of rail property.

State and Local Government Representation: Our practice reflects a particular focus on representation of state and local governments, including transit and commuter rail authorities, that face issues involving interaction with the railroads that serve their communities. This includes developing plans for new, continuing, or expanding commuter rail and transit service; the establishment of railbanking arrangements; and other issues related to the presence of the railroads in the community. For commuter rail and transit operators, this work includes identifying and securing right-of-way; negotiating with and selecting operators of the commuter service; and addressing regulatory, environmental, labor and other issues that arise in the development and operation of urban rail systems. Our work often includes representation to address environmental, competitive, service quality, and other issues.

Federal Representation: We regularly practice before the following regulatory agencies:

• Department of Transportation
• Federal Railroad Administration
• Federal Transit Administration
• Railroad Retirement Board
• Surface Transportation Board

Project Development: We often advise clients in planning for projects, and then preparing, drafting and negotiating agreements for all aspects of project development, including consultant and construction contracts, operating and maintenance agreements and agreements with the freight or passenger railroads that own the corridors or operate in the vicinity.  Negotiations frequently address:

• Federal procurement requirements, including Buy America
• Surface Transportation Board licensing requirements
• Americans with Disabilities Act requirements
• Railbanking
• Environmental and historic preservation reviews
• Labor and employment issues
• Rail and transit safety analysis and compliance
• Project funding and financing, including the use of federal loan and grant programs
• Multi-party project planning and public outreach

Litigation: We litigate in many federal district courts, most federal courts of appeals and many state courts when issues arise, as they often do, in the planning, negotiation, expansion or implementation of proposed projects.