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Surface Transportation

Other Surface Transportation Issues

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Our expertise in surface transportation also includes the following:

Contract Drafting

Our firm frequently is asked to assist shippers, carriers and freight intermediaries in drafting transportation contracts. We also advise clients on regulatory requirements for contracts of carriage, bills of lading, equipment lease forms, and personnel leasing agreements.

Employment Issues

We frequently advise companies on worker's compensation and wage and hour law issues under the Fair Labor Standards Act and similar state laws. We also provide advice on employee disciplinary policies, hiring and termination procedures, drug and alcohol testing programs, and compliance with the Americans with Disabilities Act and the Family and Medical Leave Act.

Environmental Matters

The firm has represented clients in administrative enforcement actions before the Environmental Protection Agency and state agencies. In two cases involving the unauthorized use of regular gasoline in vehicles requiring unleaded fuel, the firm negotiated settlements that included innovative programs for nationwide campaigns to encourage the use of unleaded fuel by industry and individual consumers in exchange for reductions of fines. The firm has also submitted programs to the Environmental Protection Agency to test for ground and water contamination from the dumping of hazardous waste at a site that was purchased by a client, and has developed regulatory compliance programs involving underground storage tank requirements and community right-to-know laws.  The firm also lobbied successfully for a federal statute prohibiting the EPA from including hydrocarbon fuels in its Risk Management Program requirements.

International Transportation

Our firm regularly advises carriers and shippers on issues involving international freight transportation, including customs clearance and carrier and warehouse bonding requirements, taxation of income derived from international moves, and operating authority requirements.

State Regulatory Practice

Our attorneys have represented carriers in merger acquisition and regulatory enforcement proceedings before state regulatory utility commissions. We also regularly advise carriers and freight intermediaries on changes in state regulation of intrastate freight transportation.

Transportation Taxes

Attorneys in the firm have represented a national trade association before the U.S. Congress and the Internal Revenue Service and succeeded in changing the point of collection for vehicle excise taxes and clarifying the amount of excise tax applicable to a vehicle under a long term lease. The firm has also advised maritime carriers on the federal tax consequences of long term leases of U.S. vessels to foreign-owned enterprises

 

Practice Area Members - Surface Transportation

Richard A. Allen

James A. Calderwood

Selected Surface Transportation Publications

Know What You Are Signing - James A. Calderwood, 2008

Does the Rails-to-Trails Act Effect a Taking of Property? - Richard A. Allen, 2005

Bleak House - The STB's Role Under NEPA - Richard A. Allen, 2004

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