Agenda

This session provides an overview of the agencies, laws, and policies that govern passenger rail in the United States. Panelists will discuss the history of the passenger rail system and explain how that history is reflected in the different regulatory frameworks that apply to each type of passenger rail today. The discussion will focus on the authority that various federal agencies exercise over safety, project development, labor, and other key issues for passenger railroads. Panelists will also examine the division of authority over passenger rail between the federal government and state governments.

International passenger rail operators, manufacturers, and investors have played, and continue to play, a critical role in U.S. project delivery and system performance. This panel will explore how global rail expertise is being applied—and adapted—within the uniquely complex U.S. legal, commercial, and operational environment. Drawing on perspectives from leading international operators, rolling stock manufacturers, and private investors, panelists will discuss the legal, commercial, and operational issues associated with developing and operating passenger rail systems in the United States. Topics will include navigating U.S. safety and regulatory regimes; complying with Buy America requirements; allocating contractual risk, liability, and indemnification within federal and state legal frameworks; and addressing insurance and financing considerations for cross-border participation. The panel will also examine how differences in legal frameworks, procurement models, and operational practices between U.S. and global markets influence project structuring, performance outcomes, and long-term partnerships. Attendees will gain practical insights into how public agencies and private participants can better leverage international expertise while aligning with U.S. legal requirements and policy objectives.

The past two years have brought a sea change in the federal government's use of grant funding to advance its policy objectives, including on immigration, civil rights, and “DEI” initiatives. These federal actions have led to a series of legal challenges that are reshaping the relationship between federal agencies and funding recipients. As courts weigh questions concerning agency authority, grant conditions, and the scope of executive power, funding recipients are left to navigate a rapidly changing landscape. This panel will unpack the key legal developments and practical implications for passenger rail, providing attendees with a deeper understanding of where the law stands today and what may lie ahead.

Federal flow-down provisions can be a tricky and high-stakes part of rail and transit projects, raising practical questions about which provisions apply, where to find them, how they should be incorporated into contracts, and how far down the contracting chain they must go. This panel will bring together perspectives from transit agencies, federal stakeholders, and transit attorneys to discuss how to identify and implement standard federal flow-down requirements, navigate unclear guidance, and manage compliance issues involving requirements such as Buy America, civil rights, and other federal obligations. The panel will also explore enforcement and monitoring from both the agency and contractor perspectives, including how compliance is tracked, what happens when a party believes a requirement is unclear or legally vulnerable, and how agencies can respond when subcontractors or lower-tier entities resist or fail to comply. Attendees will leave with practical guidance on how to spot flow-down issues early, ask the right questions, and better manage federal requirements before they become project risks.

Reliable first-mile and last-mile connections remain one of the greatest challenges to expanding passenger rail ridership. This panel will examine the legal, regulatory, procurement, liability, and accessibility issues surrounding emerging mobility solutions—including microtransit, autonomous vehicles, and other technology-enabled services—through the lens of how agencies are working to connect travelers to rail stations. The discussion will highlight Seminole County, Florida’s microtransit program as a case study in using innovative service models to enhance mobility, improve access to transit, and address gaps in traditional fixed-route networks.

The safe and efficient operation of rail service requires noninterference within railroad rights-of-way. For this reason, railroad rights-of-way enjoy unique state and federal legal protections against adverse property claims, such as adverse possession, reversionary rights, and condemnation actions. This session will provide an overview of the different legal mechanisms used to protect railroad rights-of-way, including federal preemption of state property claims, state eminent domain laws, and state right-of-first refusal laws, among others. Panelists will provide examples and caselaw that illustrate how these different mechanisms work in different contexts.

Learn more about how the proposed freight railroad merger between Union Pacific and Norfolk Southern—the largest in history—could impact commuter and intercity passenger rail services that share corridors and facilities with the merger applicants. The panelists will provide an overview of the regulatory procedure necessary for approval of the merger, the current status of the merger and of passenger railroad participation in it, and the implications of approval of this and future mergers. Attendees will learn about the regulatory process and the statutory and regulatory protections for passenger rail service provided for in freight railroad mergers, and the substantive and procedural mechanisms for ensuring passenger rail service interests are considered during the merger process.

This session will help attendees understand the changing landscape of national rail policy and its implications for passenger rail law, as the panel outlines and unpacks key regulatory and legislative initiatives affecting passenger rail. The panel will discuss the implications of federal surface transportation bills, provide actionable insight on accessing grant funding, and review the Federal Railroad Administration’s latest rule updates and initiatives.

This session will help attendees understand the changing landscape of national rail policy and its implications for passenger rail law, as the panel outlines and unpacks key regulatory and legislative initiatives affecting passenger rail. The panel will discuss the implications of federal surface transportation bills, provide actionable insight on accessing grant funding, and review the Federal Railroad Administration’s latest rule updates and initiatives.

Join us for a discussion of how commuter rail operators are navigating the current challenging liability and indemnity landscape. The statutory cap on passenger rail liability is adjusting upward, the excess liability insurance market is constrained, and a recent Supreme Court decision has imposed limits on sovereign immunity for some entities. Our panelists will discuss the interplay among the statutory cap, demands from host railroads, and the mechanics of placing coverage, along with practical approaches to potential solutions.

Federal environmental review requirements are changing rapidly, with significant implications for passenger rail and transit projects. This panel will examine how recent court decisions, including emerging precedent applying the U.S. Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, along with NEPA and NHPA regulatory changes, are affecting project delivery strategies, permitting risk, and compliance obligations. Panelists will also discuss expanded categorical exclusions for rail projects and the latest developments in assigning NEPA responsibilities to states under 23 U.S.C. § 327.

As artificial intelligence tools become more common in legal practice, attorneys must understand how their use intersects with professional responsibility obligations. This session will examine the ethical and practical issues associated with generative AI, including duties of competence, diligence, confidentiality, privilege protection, and the avoidance of bias. Panelists will discuss emerging guidance on attorney use of AI and offer practical strategies for integrating these technologies into legal workflows while maintaining compliance with applicable ethical standards.