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  1. Transport: rail and road - regulation
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Who Represents Who

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All lawyers in this section are based in Washington DC unless otherwise stated.

Acting for many of the most prominent railroads automotive companies and industry associations, Gibson, Dunn & Crutcher LLP is regularly involved in regulatory litigation and administrative procedures with industry-wide effects. Thomas Dupree Jr often acts at federal appellate court level and before regulatory agencies such as the Surface Transportation Board (STB). Recently, Dupree successfully represented Association of American Railroads in a constitutional challenge regarding Amtrak’s rulemaking authority over private railroad companies. The litigation team is also defending Mitsubishi and American Mitsubishi in large antitrust litigation, involving dozens of lawsuits arising from a DOJ investigation of the auto part industry. In addition to the group’s active contentious offering, Raymond Ludwiszewski provides ongoing advice to Association of Global Automakers concerning federal and state emissions regulation.

The team at Hogan Lovells US LLP handles safety and emissions compliance and regulatory litigation for household-name auto and trucking companies and industry associations, and has been at the legal forefront of the incipient driverless and connected car revolution. Latane Montague is advising Daimler Group in relation to the Takata airbag recall, which is the largest recall ever initiated by the National Highway Traffic Safety Administration (NHTSA). In the rail space, Montague acts for Railway Supply Institute in engagements with US and Canadian regulators regarding tank car standards for the transportation of hazardous materials. The team has particular expertise in data security and privacy issues arising from the development of connected cars, and Tim Tobin and Ari Fitzgerald provide a host of ongoing regulatory advice to the Alliance of Automobile Manufacturers.

With dedicated specialists in the rail and road sectors, Mayer Brown is often involved in legislative and rulemaking procedures and advises railroads, auto manufacturers and tech companies on the most pressing industry regulations. Acting for CSX Transportation, Andrew Tauber and Evan Tager successfully advocated against proposed legislation that would have prohibited one-person train crews. Senior counsel Adrian Steel led a team assisting BNSF Railway with the exercise of its access rights to a rail line jointly owned by Union Pacifc and Kansas City Southern Railway. The auto group, which includes Linda Rhodes, has expertise in cybersecurity and traffic safety issues. Erika Jones is another key contact, and Los Angeles-based partners Philip Recht and Andrew Kugler have experience in driverless car projects.

King & Spalding LLP’s specialist automotive practitioners are intimately familiar with the regulatory issues facing the automotive industry, having previously held positions at US environmental and safety agencies. Acting for Toyota Motor Company, practice head Jacqueline Glassman has advocated before the NHTSA regarding the Takata airbag recall; Theodore Hester represented Toyota in the congressional investigations aspects of the airbag crisis. Glassman has expertise in the nascent autonomous vehicles space and has advised Global Automakers on certain safety regulations and proposed legislation governing autonomous vehicles. Granta Nakayama has been involved in a number of high-profile environmental suits, and is representing Porsche before the EPA, California Air Resource Board and the DOJ regarding the company’s use of diesel engines purchased from VW.

Steptoe & Johnson LLP’s transport department provides ‘consistently excellent service’ to rail carriers and industry associations, with specialist expertise in federal pre-emption issues, state taxation, and environmental and safety concerns. Anthony LaRocca and Samuel Sipe are advising BNSF Railway on various issues, including STB proceedings concerning the rail rates for the transportation of grain, and a STB complaint challenging the railroad’s rates for the transportation of crude oil. Other key figures include Alice Loughran, who handles pre-emption cases for Union Pacific, David Coburn, and Linda Stein. Kathy Gainey joined Canadian National Railway, and Fred Horne took a position with the STB.

Thompson Hine LLP’s rail group advises shippers and freight transportation associations on regulatory compliance and administrative litigation and rulemaking procedures. Department head Karyn Booth has advised The National Industrial Transportation League (NITL) on a range of regulatory issues and has advocated before the STB’s regulatory reform task force on behalf of the association. The team has expertise in regulations governing the transportation of hazardous materials, and Jeffrey Moreno is representing Sunbelt Chlor Alkali Partnership in STB proceedings regarding rates for the transportation of chlorine. Sandra Brown and counsel David Benz are additional contacts in the group.

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