Rail

Our multidisciplinary rail practice includes clients across all segments of the industry including railroads, shippers, passenger rail, light rail, freight rail, rail car builders and lessors, and other rail industry suppliers.

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We represent these clients before all of the relevant federal courts, departments, administrative agencies, and quasi-regulatory bodies, including the Surface Transportation Board, the Department of Transportation, the Federal Railroad Administration, the Federal Transit Administration, the Pipeline and Hazardous Materials Administration, the National Transportation Safety Board, and the Association of American Railroads.

Key contacts

Ed Fishman

Partner

Ed Fishman

Partner

Washington, D.C.

Emily E. Kimball

Office Administrative Partner

Emily E. Kimball

Office Administrative Partner

Denver

Meet the Rail team

Representative experience

Representing the Attorneys General of North Dakota and Montana, petitioned DOT’s Pipeline and Hazardous Materials Safety Administration for a determination that Washington State’s crude by rail volatility law was pre empted by federal hazardous materials law.

Representing a coalition of freight railcar manufacturers, suppliers, labor, and steel interests, advocating before the Federal Railroad Administration for effective implementation of the SAFE TRAINS Act through rulemaking and public comments to protect the U.S. freight railcar industry and critical rail infrastructure from state owned enterprises.

Advising an investment firm on a major railcar leasing acquisition, navigated FRA rail worthiness restrictions affecting hazardous materials tank cars and structured transaction protections to address regulatory risk.

Serving as the primary regulatory counsel to Railway Supply Institute. Over the last 25 years, we have represented the rail supply industry in every major federal rulemaking that has affected the industry.

Providing environmental counsel to Metropolitan Washington Airports Authority as it manages the extension of the Washington Metrorail line in Northern Virginia to and beyond Dulles International Airport.

Advising the underwriters and senior lenders to the Macquarie/Skanska team bidding for the Purple Line light rail P3 project in Maryland, which was only the second light rail P3 project in the U.S. market, and the first under Maryland’s new P3 law.

Assisting the Denver Union Station Project Authority in obtaining US$300m in low-cost financing from the U.S. Department of Transportation (DOT) for a major intermodal hub development.

Representing the largest private rail switching service provider in the U.S. on compliance, enforcement, and jurisdictional matters related to national rail safety regulations.

Representing the Association of American Railroads in efforts to deploy Positive Train Control.

Coordinating defense of a car shipping sector player in an international cartel investigation involving the EU, U.S., Japan, Canada, and other jurisdictions.

Advising the State of Bavaria on the procurement and state aid aspects of the proposed Transrapid train project in Munich.

Advising SMBC on the procurement of new Hitachi trains for the Abellio Scotrail franchise.

Advised governments of Niger and Benin in connection with the multibillion, circa 3000 km-long West African Rail Loop Project connecting Abidjan to Cotonou via Niamey.

Assisting U.S. tank car fleet owners to develop U.S./Canadian regulatory strategy for crude-by-rail transport by working closely with U.S. and Canadian transportation officials.

Representation of a passenger railroad in ensuring National Environmental Policy Act compliance in connection with Canadian National’s acquisition of the EJ&E belt railroad around Chicago.

Representing a coal fired utility in evaluating options and legal issues associated with construction of a major rail extension to gain access to a competing class I freight railroad.

Representing shippers of crude oil in challenging certain railroad tariffs before the STB.

Awards and recognitions

Band 1 in Transportation: Road (Automotive)

Chambers USA

2018-2025

Band 3 in Transportation: Rail (for Railroads)

Chambers USA

2021-2025

Tier 2 for Transportation: Rail and Road – Litigation and Regulation

Legal 500 US

2025

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