Potential for Vicarious Liability Under the Graves Amendment
On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more
On November 6, 2024, the Transportation Security Administration (TSA) published a Notice of Proposed Rulemaking (NPRM) that would mandate cyber risk management and reporting requirements for certain surface transportation...more
The Transportation Security Administration's ("TSA") proposed rule would require owners and operators of certain pipeline, freight railroad, passenger railroad, rail transit, and over-the-road bus ("OTRB") systems to...more
Throughout the 19th and early 20th centuries, towns in the western United States grew and thrived around the railroad. In fact, the railroad tracks often became a central geographic feature within towns, birthing the...more
On Oct. 7, 2014, the Association of American Railroads and two of its member rail carriers filed suit against California's Office of Spill Prevention and Response in an effort to strike down the state's recent effort to...more
Bakken crude producers and midstream transportation companies already experience transportation woes related to inadequate pipeline infrastructure, railroad capacity, tank car supply, rail accidents, and new regulations. But...more
On September 25, 2014, California Governor Jerry Brown signed legislation that will provide California’s emergency responders with more information about trains carrying crude oil and require railroad companies to provide...more