2024 Passenger Rail Law Workshop

(Breakfast on your own. If you are registered at the JW Marriott, please make use of your daily food & beverage credit in the hotel restaurants.)

8:45 AM | OPENING REMARKS

9 AM | Session 1: Meet Your Regulators

This session introduces the chief counsels and senior attorneys for the U.S. Department of Transportation (DOT), Surface Transportation Board (STB), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA), and the regulatory territory each agency covers. The DOT oversees the policy development and implementation for the Administration’s transportation-related goals and objectives, including legislative proposals.  The STB is responsible for licensing and regulation of the economic aspects of the rail industry, and its governing statutes broadly (but not entirely) preempt state law. The FRA regulates the safety of rail operations and is responsible for funding and financing programs directed at developing and maintaining rail infrastructure. The FTA has jurisdiction over a broad array of funding mechanisms applicable to all forms of passenger rail transportation and governs safety for fixed guideway systems other than those regulated by FRA; under current law, continued federal funding is dependent on maintaining safe operations. Our panelists will explain how each agency fulfills its regulatory mandate and what legal issues that parties should be aware of when interacting with these agencies.

Moderator:Charles A. Spitulnik, Partner, Kaplan Kirsch LLP

Allison I. Fultz, Chief Counsel, Federal Railroad Administration

Dana Nifosi,Acting Chief Counsel, Federal Transit Administration (invited)

Anika Cooper, General Counsel, Surface Transportation Board

10:15 AM | Session 2: Rail Labor Relations Impacts from Changing Operating and Policy Environments

Charles A. Spitulnik, Partner, Kaplan Kirsch LLP

Brian Wilton, General Counsel, New Jersey Transit.

William R. Moseley, Principal, JacksonLewis

11:30 AM | Session 3: Rail Law 101: Overview

This session provides attendees with an overview of the passenger rail transportation landscape. Panelists will cover a brief overview of the rail system in the United States, the various modes used, and the legal frameworks that govern them. The many layers forming the railroad industry’s storied history in the United States express themselves in the legal framework applicable to intercity and commuter passenger transportation. We will unpack these layers to help attendees understand why passenger rail is regulated as it is. This session will provide attendees with an understanding of the legal framework governing U.S. passenger rail transportation and the regulatory distinctions that apply to different modes.

Charles A. Spitulnik, Partner, Kaplan Kirsch LLP

Ayelet Hirschkorn, Partner, Kaplan Kirsch LLP

Christian L. Alexander, Associate Attorney, Kaplan Kirsch LLP

12:30 PM | LUNCH

1:45 PM | Session 4: Passenger Rail in the Post-Chevron Era

The Supreme Court’s landmark decision this year in Loper Bright Enterprises v. Raimondo, which overturned the Court’s so-called Chevron doctrine requiring courts to defer to federal agency interpretations of ambiguous statutes, suggests a significant shift in how courts will scrutinize agency decisions. But just how much will this change? What about statutes that expressly delegate interpretation to agencies? And how does this decision relate to other doctrines addressing discretion afforded to federal agencies? These are some of the questions this session will tackle as it explains what the broader affect may be on passenger rail operators that interact and are subject to a number of federal agencies.

Moderator: Ayelet Hirschkorn, Partner, Kaplan Kirsch LLP

John Putnam, Senior Advisor, Colorado Department of Transportation and former Chief Counsel, US Department of Transportation (invited)

W. Eric Pilsk, Partner, Kaplan Kirsch LLP

3 PM | Session 5: FRA’s New Certification and Crewmember Regulations

In Spring 2024, FRA released three major regulations.  The first required most railroads to operate with at least two-person crews.  The second and third required railroads to certify their dispatchers and signal employees, respectively, and to develop certification programs for each.  Speakers will discuss what these new rules mean for passenger railroads, outstanding issues, and ongoing challenges to each of the rules.  Attendees will deepen their understanding of these significant regulations and learn what common questions and issues have arisen as agencies implement the new mandates.

Moderator: Grant Glovin, Associate Attorney, Kaplan Kirsch LLP

Devin Rouse,Owner, DCRail Advisory LLC

Jo Strang,SVP Safety, Regulator & Environmental Policy, American Short Line and Regional Railroad Association

4:15 PM | Session 6: The Legality, Liability, and Safety of Rails-with-Trails

Rails-with-trails occur where rail operations and recreational trails both make concurrent of a single or parallel corridors, thereby serving multiple public purposes. Such corridors may come about in various ways using different legal mechanisms. Common questions regarding the establishment and operation of such corridors include their legality, the allocation of liability, and the safety of railroad operations adjacent to recreational use. This session explores the different means by which rails-with-trails can be developed and answers the common questions that arise when a public entity is considering dual use of a railroad right-of-way.

Moderator: Christian Alexander, Associate Attorney, Kaplan Kirsch LLP

Andrea Ferster, General Counsel, Rails to Trails Conservancy

Yvonne Mwangi,Train Resources and Planning Manager, Rails to Trails Conservancy.

Additional speakers to be announced.

5:30 PM | EVENING COCKTAIL RECEPTION & NETWORKING DINNER

(Breakfast on your own. If you are registered at the JW Marriott, please make use of your daily food & beverage credit in one of the hotel restaurants.)

8: 45 AM | Session 7: KEYNOTE

Karen Hedlund, Vice Chair, Surface Transportation Board

9:15 AM | Session 8: How the Latest NEPA Changes Could Affect Your Next Rail Project

Rail projects funded by the federal government, or that require other federal government approvals, are subject to the National Environmental Policy Act (“NEPA”).  Complying with the statute’s requirements takes time and may delay project timelines and increase litigation risk.  This session will address recent changes to NEPA prompted by Congress, agency action, and judicial decisions.  Speakers will provide a background on federal regulatory issues associated with NEPA reviews and discuss how projects today may look different from previous generations of rail projects.

Moderator: Grant Glovin, Associate Attorney, Kaplan Kirsch LLP

Nathaniel H. Hunt, Partner, Kaplan Kirsch LLP

Sarah C. Judkins, Associate Attorney, Kaplan Kirsch LLP

Lee Farmer, Project Development Manager, VHB

10:30 AM | Session 9: Transit-Oriented Development, Downtown Redevelopment, and Transit Agencies

The rise of hybrid and remote work options in the wake of the COVID-19 pandemic has dramatically transformed the office space sector and, consequently, how Americans use commuter rail systems. In the Spring of 2024, office vacancies across the country hit a record high of 20.5% and the new office construction pipeline is down 67% from where it was prior to the pandemic. Major cities across the country are implementing comprehensive programs, with an emphasis on transit-oriented development (TOD), to revitalize deserted downtown areas and other abandoned business districts given this shift. This session explores the trends in downtown redevelopment through the lens of TOD projects and the role that transit agencies can play in reinvigorating the city centers they serve.

Moderator: Chelsea M. Marx, Associate Attorney, Kaplan Kirsch LLP

Matt Klein, President and CEO, Akridge

Sarah Williams, Project Development Lead, Build America Bureau

Chessy Brady, Manager Transit-Oriented Development Planning Department, RTD

11:30 AM |. Session 10: Progressive Project Delivery: Everything You Need to Know But Didn’t Want to Ask

Adam M. Giuliano, Partner, Kaplan Kirsch LLP

Jon Godsmark, Senior Managing Director, EY

Lovely Bonhomme, Associate, Kaplan Kirsch LLP

Victor Zhong, Associate, Kaplan Kirsch LLP

12:45 PM | LUNCH

2 PM | Session 11: Ethics Session: Representing Clients in a Fishbowl: Ethics in the Era of Instant and Simulated Communication

Representing public entities often raises a host of specific ethical issues and challenges for attorneys, including accurately identifying who they represent, what profession ethical obligations they owe to different parties and individuals within a public entity, and how to fulfill their ethical duties in an era of artificial intelligence and social media. This session will guide attendees through the factors and applicable ethical rules that attorneys working for public sector clients should consider in addressing these common issues.

Charles A. Spitulnik, Partner, Kaplan Kirsch LLP

3:15 PM | Session 12: What’s in Store From the Next Administration?

Moderator: Peter Kirsch, Partner, Kaplan Kirsch LLP

John Putnam, Senior Advisor, Colorado Department of Transportation and former Chief Counsel, US Department of Transportation

Allison Fultz, Chief Counsel, Federal Railroad Administration

4:30 PM | Session 13: The Future of Intercity Passenger Rail

Moderator: Charles A. Spitulnik, Partner, Kaplan Kirsch LLP

Michael Alexis, Senior Associate General Counsel, Amtrak

Additional speakers may be announced.

5:30PM | CLOSING REMARKS

2023 PRLW Program & Presentations