Kaplan Kirsch lawyers help clients operate public transportation systems safely and keep communities safe. We work with state and local government agencies and stakeholders to ensure that the construction of infrastructure projects and the operation of transportation systems in their communities comply with federal, state and local regulations to protect public health and safety as well as the environment. We also assist project proponents in complying with applicable regulations in order to maintain and operate safe rail transit systems.
Hazardous Materials: We advise state and local government agencies regarding railroads that transport hazardous materials through their communities. Towns and cities across the country are directly affected by the movement and handling of hazardous materials, but federal regulation often preempts actions by state and local governments that attempt to control the movement of hazardous commodities through their communities. We assist clients in developing strategies to secure assistance and cooperation from the federal government in managing the risks associated with hazardous materials transportation.
Many aspects of the movement of hazardous materials and railroad safety are governed solely by federal law, but identifying the points at which federal and state jurisdiction meet or overlap requires precise analysis. Our attorneys provide skilled counsel to help state and municipal clients aggressively defend their interests, circumscribe areas of federal and local jurisdiction, and move forward with legal, policy and legislative strategies.
Passenger Rail Safety: The law governing passenger and freight rail operators’ safety and security obligations is continually developing. We advocate for our clients as new rules and requirements are developed and provide expert counsel on how to comply with the latest federal and state safety mandates.