NEW FOR 2025

Non-Federal Actors Leading the Way on Regional and Intercity Passenger Rail Development

This panel session will focus on the legal issues arising from the pivotal role that non-federal actors are playing in advancing regional and intercity passenger rail development. Panelists will highlight successful initiatives and innovative legal strategies implemented by various states to enhance rail services and connectivity. The discussion will cover the legal aspects of key projects, funding mechanisms, and collaborative efforts between state agencies and local stakeholders aimed at improving passenger rail infrastructure and service quality. Attendees will gain insights into the legal challenges and opportunities faced by states in promoting rail development, as well as best practices that can be adopted elsewhere. This session will provide a comprehensive overview of how the law is implicated as state, regional, and local entities shape the future of regional and intercity passenger rail across the nation.

Federal Grant Agreements: Tips on What You (and the Feds) Can, Can’t, and Must Do to Meet Agreement Obligations

Grant Agreements are a cornerstone of the relationship between the federal government and most passenger rail services. This session will provide insights into how to navigate the increased scrutiny of Grant Agreement compliance before, during, and after an award is made. It will also provide an overview of the rights and responsibilities of the federal government under Grant Agreements and the rights and recourse of grant recipients when faced with a dispute regarding their Grant Agreement compliance or delay in funding.  The session will also discuss recent disputes concerning impoundment of federal funds, and provide an update on key litigation. 

Delivering Transit and Housing Solutions Through Public-Private Partnership

This panel session will explore effective legal strategies for fostering partnerships between public agencies and private developers to facilitate development tackling two of the big issues facing communities: mobility and affordable housing. Panelists will discuss successful case studies that illustrate how collaboration can enhance urban planning, improve transit accessibility, and stimulate economic activity while also tackling major housing shortages, particularly for lower income residents. The session will cover legal aspects of successful partnerships, including key mechanisms and regulatory frameworks. Attendees will learn about the benefits and legal challenges of aligning public transit goals with private development interests, as well as innovative approaches to creating sustainable, transit-oriented communities.

Well, That Was Unexpected: Force Majeure, Change in Law, and Pricing Provisions

This panel session will focus on essential contracting provisions in passenger rail projects that address unforeseen circumstances. Panelists will discuss key elements such as change in law clauses, pricing provisions, and force majeure provisions, emphasizing their role in managing risk and ensuring project viability. The session will explore how these provisions help stakeholders navigate challenges like regulatory changes, inflation, and unexpected events that can impact timelines and costs. Attendees will gain insights into best practices for drafting contracts that effectively anticipate the unanticipated, along with real-world examples of their application in passenger rail projects. This session aims to equip participants with the knowledge to create resilient contracts that protect the interests of all parties involved.

Frontline Player: Rail Operations, Human Trafficking, and Federal Immigration Law Enforcement

This session will cover key legal considerations raised by the frontline role that passenger rail systems and facilities may play in parallel with law enforcement efforts, focusing on two current hot-button issues: human trafficking and enforcement of federal immigration laws. Panelists will review the various legal obligations of public agencies in both of these areas and discuss examples of strategies pursued to navigate legal requirements and policy and political priorities.

The Low Down on Flow Down Provisions

This panel session will explore flow down provisions in project contracts, explaining how these clauses ensure that obligations are passed from prime contractors to subcontractors. Panelists will share best practices for drafting and implementing these provisions to enhance clarity and compliance throughout the project lifecycle. The session will also address key legal challenges, such as contract interpretation discrepancies, enforcement issues, and the effects of regulatory changes. Attendees will gain insights into managing these complexities, ensuring all parties understand their roles, and fostering successful collaboration. This session aims to equip participants with the tools to effectively handle flow down provisions and mitigate potential risks in their contracts.

Swimming Out of the Deep End: Insurance Pools and Liability Caps for Passenger Rail

Allocating and mitigating financial risk is a key concern for passenger rail owners and operators. This panel will explore the latest legal developments for two important tools that serve to mitigate the financial exposure of passenger rail systems: insurance pools and the federal statutory liability cap. Passenger rail insurance pools are mechanisms where multiple railway operators or entities share the risks and costs associated with passenger rail accidents or incidents. This pooling of risks and resources can help ensure financial stability and accessibility of rail services, especially for operators who might struggle to afford individual insurance premiums. The rail passenger transportation liability cap is a maximum amount of money a passenger rail operator can be held liable for injuries or deaths resulting from an accident. The cap is adjusted every five years, with the next adjustment occurring at the end of the year.  The panel will address practical problems that passenger railroads have faced under current legal frameworks, and emerging efforts to address those problems.

Excuse Me, Your Rail Line Is In My Yard: Protecting Railroad Rights-of-Way From Claims by Adjacent Property Owners

Public agencies can face a range of legal challenges in protecting their ownership of and control over railroad rights-of-way, ranging from illegal encroachments and adverse property claims to condemnation actions and lease disputes. Protection of a public agency’s property interests in railroad rights-of-way can include both litigation and non-litigation measures. This session will review relevant circumstances in which agencies have approached protecting railroad right-of-way interests, including highlighting key cases, and outline legal strategies and tactics applicable to a broader context.

Reforming NEPA: What Recent Legislative, Executive, and Judicial Changes Mean for Environmental Review of Projects

The past several years have seen changes—sometimes dramatic—from Congress, the current and previous Administrations, and the courts affecting the environmental review of processes under the National Environmental Policy Act (“NEPA”). This session will track some of these changes and their implications for undertaking new projects requiring NEPA review. The panelists will share with attendees what has, and has not, changed, in undertaking NEPA review of a project and will provide insights into how this will shape environmental review of future projects. 

Legal Ethics in the Public Sector

This session will explore the particular challenges and ethical considerations attorneys working in the public sector (or for public sector clients) face in their roles. Through engaging case studies and real-world scenarios, participants will examine common ethical dilemmas and discuss best practices for navigating the complexities of public service. Attendees will gain valuable insights into maintaining professional integrity and accountability while fulfilling their duties. This session will be geared towards qualifying for Continuing Legal Education (CLE) ethics credits.

ADDITIONAL SESSIONS

 Meet Your Regulators

This session will introduce the federal agencies and bodies that regulate different aspects of passenger rail. The U.S. Department of Transportation is tasked with developing and implementing policies that align with the Administration’s transportation goals and objectives, including legislative initiatives. The Surface Transportation Board STB handles the licensing and regulation of the economic aspects of the rail industry, with its governing statutes largely (though not entirely) preempting state law. The Federal Railroad Administration (FRA) is responsible for ensuring the safety of rail operations and manages funding and financing programs aimed at developing and maintaining rail infrastructure. The Federal Transit Administration oversees a wide range of funding mechanisms applicable to all types of passenger rail transportation and regulates safety for fixed guideway systems not under FRA jurisdiction; according to current law, ongoing federal funding is contingent upon maintaining safe operations. Our panelists will discuss how each agency carries out its regulatory responsibilities and highlight the legal considerations that parties should keep in mind when engaging with these agencies.

Rail Law 101: Overview

This session offers participants a comprehensive look at the landscape of passenger rail transportation. Panelists will present a concise overview of the rail system in the United States, including the different modes of transportation and the legal structures that oversee them. The intricate layers that make up the rich history of the railroad industry in the U.S. are reflected in the legal framework that governs intercity and commuter passenger services. We will explore these layers to clarify for attendees the reasons behind the current regulations of passenger rail. By the end of this session, participants will gain insight into the legal framework that regulates U.S. passenger rail transportation and the regulatory differences that pertain to various modes.

 And Keynote Speakers to be announced.