The Association of American Railroads (“AAR”) last week welcomed the Senate’s recent confirmation of David Fink as Administrator of the Federal Railroad Administration (“FRA”), calling it a positive step for the rail industry.
AAR’s President & CEO Ian Jefferies praised Fink as a fifth-generation railroader with deep operational experience. Before joining the FRA, Fink served
The Surface Transportation Board (STB) recently announced that it is considering issuing a policy statement clarifying the scope of preemption under the Interstate Commerce Commission Termination Act of 1995 (ICCTA). This development follows a joint letter from multiple rail, intermodal, and other industry associations urging the STB to provide clearer guidance to curb inconsistent state and local regulation affecting rail operations, as well as a series of Policy Review Team meetings with interested parties to discuss ideas for breaking down regulatory barriers and furthering competition. As the STB notes, a “major theme from these meetings was the need for greater clarity and consistency in preemption.”Continue Reading STB Considering Move to Clarify ICCTA Preemption
On May 13, 2025, the Senate Committee on Commerce, Science, and Transportation held a confirmation hearing for David Fink, nominee for Administrator of the Federal Railroad Administration (FRA). Led by Senator Ted Cruz, the hearing spanned two hours and focused on Fink’s industry background, safety record, and priorities for the FRA.Continue Reading Senate Committee Holds Confirmation Hearing for FRA Administrator Nominee David Fink
Crowell’s Mimi Dennis addressed the Transportation Lawyers Association’s (TLA) Annual Conference on May 2, 2025. The TLA is an 80-year-old independent bar association of in-house, government, and private practice attorneys who assist providers and commercial users of domestic and international logistics and transportation services. Mimi covered recent freight rail news and events during the “Multi-Modal
On May 13, 2025, at 10:00 AM ET, the Senate Committee on Commerce, Science, and Transportation, chaired by U.S. Senator Ted Cruz, will hold a nominations hearing that will address key nominations for the Federal Railroad Administration (FRA), Amtrak’s Board of Directors, and the Department of Commerce. Among the nominees is David Fink, who has
On Wednesday, April 23, an Ohio jury decided that GATX is off the hook for helping Norfolk Southern (NS) pay for the $600 million settlement with residents of East Palestine.
This case stemmed from a $600 million settlement tied to the NS derailment in East Palestine, Ohio. While OxyVinyls already settled, the jury was left
Norfolk Southern (NS) rested its case on April 11. Both GATX and OxyVinyls have now moved for judgment as a matter of law.Continue Reading Rail Derailment Trial Update: GATX and OxyVinyls Say “Case Closed”
A high-stakes jury trial is underway in Ohio federal court to determine whether GATX and OxyVinyls should reimburse Norfolk Southern (NS) for some or all of a $600 million class-action settlement tied to the 2023 East Palestine derailment.
The Backstory
Continue Reading Rail Derailment Trial Kicks Off: Who Pays For East Palestine?
On March 27, 2025, the Justice Department (DOJ) announced the launch of an Anticompetitive Regulations Task Force, described as an initiative dedicated to eliminating “anticompetitive state and federal laws and regulations that undermine free market competition.” The creation of the task force follows President Trump’s signing of Executive Order (EO) 14192, which advocates for executive policy that alleviates “unnecessary regulatory burdens placed on the American people.” The EO instructs federal agencies to review all regulations that impose burdens on small businesses and interfere with private enterprise.Continue Reading Department of Justice Launches Anticompetitive Regulations Task Force
Steven G. Bradbury has been appointed as the Deputy Secretary of the Department of Transportation (DOT) after the Senate confirmed him 51-46. Deputy Secretary Bradbury will be second in command to Secretary Sean Duffy.
Deputy Secretary Bradbury has a broad background in transportation, which includes serving as general counsel of the DOT from 2017 to 2021 and Acting Deputy Secretary of Transportation under the prior Trump Administration.Continue Reading Steven G. Bradbury Confirmed as Deputy Secretary of DOT