Kaplan, Kirsch & Rockwell's experience in rail passenger projects is both broad and deep. The firm's attorneys have counseled a number of public transit agency clients on issues ranging from the initial planning of their systems, through the acquisition of rail corridors and construction of facilities and the implementation and operation of service. For any given matter, our representation frequently addresses issues relating to land use; real property rights; environmental review; the overlap of federal, state and local regulation; shared use of rail corridors for passenger and freight use; labor and employment issues, including determining transaction and organizational structures that will allow the agency to achieve an appropriate interaction with the federal rail labor regime; implications of federal labor protection arrangements including Section 13(c) of the Federal Transit Act); the strategic use of, or exemption from, federal regulatory processes; negotiation of contracts with third party operators and right-of-way signal, and equipment maintainers; and litigation to protect our clients' interests.
Many of our clients are state or regional commuter rail or transit agencies that must negotiate with railroads to acquire the right to operate passenger service. Every transaction is unique, and we assist our clients in obtaining outright ownership of rights-of-way, easements, leases or licenses as the particular situation demands.
In any of those transactions, we are frequently called upon to negotiate the right of one or more freight or other passenger railroads to also conduct freight operations on the line. We regularly counsel transit agencies in connection with the negotiation of agreements for the shared use of rail corridors and related facilities, including passenger terminals. Such transactions typically involve the negotiation and drafting of agreements and easements with the freight railroads to permit shared freight and passenger use of corridors; agreements regarding allocation of responsibility for maintenance of right-of-way and signals; and agreements with Amtrak for the operation of intercity service over lines owned by the client agency.
State governments that own rail corridors and operate commuter or transit service occupy a distinct niche within the framework of federal rail regulations. Our attorneys' detailed knowledge of this focused regulatory regime has been acquired through frequent practice before the relevant federal agencies. Kaplan, Kirsch & Rockwell's attorneys are experienced in applying the specialized regulations and policies relating to labor and employment, regulatory treatment of rail corridors, the scope of regulatory obligations attendant upon transit agencies, and exemptions from generally-applicable regulations that apply to commuter and transit agencies.
