Local Regulation of Railroads: Protecting Residents by Navigating the Complexities of Federal Preemption
Strategies for Exercising Local Control to Address Nuisance, Liability, and Economic Issues
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Government
- event Date
Thursday, August 10, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide local government counsel with guidance on addressing the issues presented by freight and passenger railroads that run through cities. The panel will provide an overview of the federal regulatory scheme governing the railroad industry and discuss strategies for exercising local control to address safety, nuisance, liability, and economic issues. The panel will explore the challenges presented to local governments in protecting local interests in an area under predominately federal jurisdiction.
Mr. Conneran represents public agencies in matters involving real estate, transportation, and environmental law. He has played an active role in several acquisitions of railroad rights-of-way on behalf of public transportation agencies, including the purchase of the commuter rail line from San Francisco to San Jose on behalf of the Peninsula Corridor Joint Powers Board. He also worked on the purchase of the Northwestern Pacific Railroad right-of-way between Napa and Mendocino counties by a consortium of agencies. Mr. Conneran has advised public and private railroad clients with regarding to regulatory issues arising under federal and state law.
Mr. Spitulnik represents both public and private sector clients on issues relating, in one way or another, to the rail industry. For the past 25 years, his practice has focused on representation of state and local governments in addressing issues related to the rail companies that serve their communities or to the issues that arise when those communities develop and implement plans for operation of rail transit systems, whether commuter rail, light rail or heavy rail systems.
Mr. Marks advises private sector and governmental agencies on railroad regulatory, transactional, and litigation issues.
A patchwork of federal agencies, including the Federal Railroad Administration, the Surface Transportation Board, the Federal Highway Administration, the National Transportation Safety Board, and the Environmental Protection Agency, regulate railroad operations, property, and safety. This primarily federal regulatory scheme creates challenges for counsel when local governments attempt to exercise local control over railroads to protect residents and property.
Municipal attorneys face a challenging task in understanding the unusual regulatory framework in addressing legal issues surrounding railroads in both transactional and litigation settings. The problems of quiet zones, new construction of rail facilities, the legal status of discontinued or abandoned rail lines, interpreting railroad easements and rights of ways, regulatory control of spurs and sidetracks, and condemnation of railroad property are just some of the intricate legal and regulatory challenges railroads present for local government counsel.
Listen as our experienced panel provides local government counsel with guidance on addressing the issues presented by freight and passenger railroads that run through cities. The panel will provide an overview of the federal regulatory scheme governing the railroad industry and discuss strategies for exercising local control to address safety, nuisance, liability, and economic issues. The panel will explore the challenges presented to local government counsel in protecting local interests in an area under predominately federal jurisdiction.
- Liability, regulatory, and economic issues
- Local regulation of railroad operations, including:
- Railroad infrastructure, operations, and facilities
- Crossings, quiet zones
- Condemnation of railroad property
- Franchises and rights of way
- Railroad abandonment, and redevelopment opportunities
- Case law addressing preemption issues
The panel will review these and other key issues:
- What types of local railroad regulations are not preempted by federal law?
- To what extent can localities take steps to regulate the transportation of hazardous materials?
- What liability factors should cities consider when deciding whether to establish quiet zones?
- What are the legal issues and opportunities for cities regarding condemnation, abandonment, and redevelopment?
