Welcome to the inaugural post of Transportation Law Today! My name is Paul Loftus and I am a transportation attorney with 13 years experience in litigating transportation matters. In my practice, and in my daily information reading, I often come across items of interest to transportation entities. In particular, I follow regulatory developments in surface transportation (rail, highway, marine), as well as legal developments affecting the industry. I hope to share interesting information with the transportation community through this blog and I look forward to hearing from the "blogoshere" out there.
Please remember this blog does not constitute legal advice, nor does it create an attorney-client relationship.
1. Surface Transportation Board ends Common Carrier Toxic by Inhalation Hazard Committee Process
In an April 15, 2011 decision by the entire board, the Surface Transportation Board, the independent economic regulatory agency that regulates rail rates and disputes (among other things), terminated its process to create a "Toxic by Inhalation Hazard Common Carrier Transportation Advisory Committee." See decision here.
The TIH committee process was initiated to provide advice to the Board on issues related to the common carrier obligation of railroads to carry hazardous materials, and the issue of potential indemnity for carrying haz-mats. As explained in the Board decision, concerns about anti-trust liability by committee participants, and a "sharp difference of opinion" between railroad and shipper interests as to the Board's authority to regulate liability for common carrier shipments led to the demise of the effort.
2. National Transportation Safety Board Issues (NTSB) 10 Most-Wanted Safety Improvement List
On June 23, 2011, the NTSB issued its latest 10 Most-Wanted Safety Improvements list. Among the areas covered are promoting pilot and air traffic controller professionalism, addressing human fatigue, and requiring on board image and data recorders on trains.
Have a happy Fourth of July Weekend. - PJL.
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