Kaplan, Kirsch & Rockwell maintains one of the nation's most active passenger rail practices, and provides counsel to clients who comprise a broad cross-section of participants in the rail industry, including freight rail operators and shippers, and entities pursuing rails-to-trails projects. We have represented passenger rail operators and other governmental entities in Atlanta, Denver, Los Angeles, Miami and New York City, as well as in Illinois, Indiana, Maryland, North Carolina, Virginia and Washington State, among others. Our practice involves all stages of system-wide and project-level planning and implementation, including financing; federal, state and local regulatory approvals; environmental reviews; corridor acquisition; access agreements; project construction; commissioning and implementation; operations; and negotiation of operating and labor agreements.

Our proven expertise includes:
  • Negotiating the acquisition of rail corridors for shared passenger and freight use;
  • Obtaining federal regulatory approvals for complex rail-related transactions;
  • Structuring public-private partnerships for the design, construction, operation and maintenance of commuter rail systems;
  • Negotiating multi-jurisdictional agreements regarding access to and use of rail corridors;
  • Negotiating labor and operating agreements on behalf of passenger rail providers.

The leader of our rail practice has over thirty years' experience in rail transportation, including as the former general counsel of a freight-rail industry boxcar manufacturing and leasing company, and is assisted by attorneys with broad and deep legal and technical expertise. Approximately half of the attorneys in the firm devote a significant portion of their practice to rail-related matters. A number of the firm's lawyers have served in senior local, state and federal government positions (including as a former General Counsel of the U.S. Department of Transportation) and have detailed first-hand knowledge of the factors, players and decision-making processes necessary to advancing our clients' interests.

We practice regularly before the US Department of Transportation, Surface Transportation Board, Federal Railroad Administration, Railroad Retirement Board, and Federal Transit Administration, maintain strong working relationships with the nation's large freight rail carriers, and litigate in state and federal trial and appellate courts throughout the country. Our rail transportation team's versatility in the regulatory, transactional and litigation spheres affords our clients skilled, comprehensive and highly responsive representation.

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