Zuckert, Scoutt & Rasenberger

Zuckert, Scoutt & Rasenberger, L.L.P. is located in the heart of the District of Columbia's legal and business community, in close proximity to federal government offices, the U.S. Congress, the White House, and both federal and state courts. The firm's consulting affiliate is Farragut International, L.L.C.

In the News

John Gillick Book Published

John Gillick has co-authored Aviation Law: Cases, Laws and Related Sources with Professors Paul B. Larsen of the Georgetown University Law Center and Joseph C. Sweeney of the Fordham University Law Center. The book has been published by Transnational Publishers, Inc., Ardsley, New York. John is an Adjunct Professor at Georgetown, teaching a course in air law. The book introduces law students to all major areas of air law, from economic regulation and safety regulation to financing and labor relations.

A review in the January 2007 issue of The Federal Lawyer by Bern Diederich, a senior attorney in the Office of General Counsel of the U.S. Department of Transportation, describes Aviation Lawyer as a "must read," and says: "I have more than 35 years of aviation law experience and yet have already consulted the copy of Aviation Lawyer in the Department of Transportation library to refresh my recollection of the nuances of aviation law."

New Publications

Know What You Are Signing, by James A. Calderwood Published in the February 2008 edition of Logistics Today magazine.

DOT Enforcement of Its Prohibitions on Unfair and Deceptive Practices 2007, by Jol Silversmith.

Transportation Antitrust Cases, 2006, by James A. Calderwood and Jol A. Silversmith. Published in The Transportation Lawyer, April 2007.

DOT Enforcement of Its Prohibitions on Unfair and Deceptive Practices 2006, by Jol Silversmith.

Government Transportation Corruption, by James A. Calderwood. Published in Logistics Today, November 2006.

The Dog That Did Nothing: The Curious Incident of DOT's Animal Reporting Requirements, by Jol Silversmith. Published in TransLaw Summer 2006.

Beer, Brokers & Bills of Lading
Tariffs: Do They Mean Anything?
all by James A. Calderwood. Published in Logistics Today, October and December 2005, respectively.

DOT Oversight of Air Carrier Advertising and Unfair or Deceptive Practices, 2005, by Jol A. Silversmith.

Plain Talk About Suing or Being Sued in the United States

SURFACE TRANSPORTATION BOARD REJECTS
CHALLENGE TO SCOPE OF OPERATING RIGHTS
OF ZS&R CLIENT
NORFOLK SOUTHERN RAILWAY COMPANY

On January 31, 2008, the Surface Transportation Board resolved a dispute concerning the extent of the rail system of ZS&R client, Norfolk Southern Railway Company (NSR). In 1998, the STB approved a transaction by which NSR and CSX Transportation Company acquired and divided between them the rail lines of Conrail, leaving certain lines to be shared by both (called Shared Assets Areas). In January, 2006, Bridgewater Resources, Inc., operator of a waste transfer facility in New Jersey that had received rail service from NSR since 1998, petitioned the STB to declare that BRI’s facility was not on a line that had been allocated exclusively to NSR but was instead within the North Jersey Shared Assets Area. BRI, NSR and CSX submitted extensive evidence on the intent of the parties to the Conrail transaction concerning the boundaries of the NSR and CSXT systems and the Shared Assets Areas in New Jersey. In its January 31, 2008 decision, the STB found that BRI had not sustained its claim that its facility was not on an NSR line. ZS&R partner Richard Allen represented NSR in this matter.

ZSR’s Aviation Advisor

ZS&R publishes the Aviation Advisor, the firm’s real time report on aviation-related legal developments. Some of the editions published since September 11, 2001, are available on this site by clicking below:

2007	01-29-07 DOT Increases Domestic Baggage Liability Minimum Limit.
2006	12-06-06 DOT withdraws "Actual Control" proposal.
2005	05-02-05 John Gillick joins the firm as a partner.
	02-01-05 Clay Foushee joins the firm as a partner and as President of Farragut International.
2004	11-13-04 TSA and DOT propose major new rules for all-cargo security and for carriage of disabled passengers.
2003	12-15-03 Summary of Vision 100 – FAA reauthorization and more (infrastructure funding; antitrust immunity; slots; essential air service; war risk insurance; definition of “citizen of the United States;” Alaskan cabotage; civil penalties; appellate jurisdiction).
	09-17-03 Final FAA rules for fractional ownership of General Aviation aircraft.
	04-16-03 Additional financial aid ($2.3 billion) for U.S. airlines.
2002	11-22-02 Aviation’s place in the new Department of Homeland Security.
	11-06-02 European Court of Justice rules against traditional “Bermuda-type” bilateral air transport agreements.
2001	11-19-01 Summary of Aviation and Transportation Security Act of 2001 (federalization of airport security; creation of TSA; security-related fees on passengers and airlines).
	10-26-01 DOT mandatory procedures and deadlines for $5 billion in U.S. airline compensation under Air Transportation Safety and System Stabilization Act of 2001.
	10-06-01 The Air Transportation Stabilization Board: a new agency with a special mission (up to $10 billion in loan guarantees for U.S. airlines).
	09-24-01 Summary of Air Transportation Safety and System Stabilization Act of 2001.