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Surface Transportation

Surface Transportation Litigation

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The firm represents railroads, trucking companies, shippers, personal goods movers, intercity bus companies, maritime companies, and trade associations in litigation, regulatory and legislative matters.

Over a number of years, we have been lead counsel in a series of class action lawsuits around the country on behalf of thousands of motor carriers, challenging the constitutionality of state taxes on interstate transportation.

We have represented railroads, shippers, and financial institutions in proceedings before the Surface Transportation Board ("STB") (and its predecessor agency, the Interstate Commerce Commission) regarding major railroad mergers, acquisitions and consolidations. Our attorneys have also represented carriers in merger and acquisition proceedings before state utility commissions.

The firm has an active litigation practice before the STB and the courts on behalf of railroad clients involving disputes over matters such as trackage rights, car hire, and the compensation therefor. We represent a large household goods carrier in loss and damage claim litigation in the District of Columbia, Maryland and Virginia. And we handle motor carrier loss and damage cases involving high value freight in various federal courts.

The firm's litigators have been involved in the following matters in the surface transportation area:

  • We have acted as chief regulatory counsel for the Norfolk Southern Corporation in its acquisition, with CSX Corporation, of Conrail, the major freight railroad in the northeast United States.
  • We successfully challenged based on lack of statutory authority certain regulatory compensation provisions promulgated by the U.S. Department of Transportation for failures by intercity bus companies to comply with the Americans With Disabilities Act.
  • We defended an ocean shipping company at the STB in two cases involving challenges to the carrier's rates and practices.
  • We successfully represented a regional railroad in an adversarial proceeding against a major national railroad at the ICC regarding the appropriate compensation for trackage rights over a bridge owned by the regional railroad.
  • We represented the National Railroad Passenger Corporation (Amtrak) in proceedings against the Consolidated Rail Corporation (Conrail) involving allocation of rail line maintenance-of-way costs.
  • We successfully represented interstate motor carriers in a number of cases challenging a variety of state taxes on constitutional and federal statutory grounds, including two cases before state supreme courts interpreting a federal statute that limits the ability of states to impose corporate income taxes on sales of tangible goods.
  • We successfully represented a U.S. flag shipping company in a suit against the U.S. Government under the cargo preference laws.
 

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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