PRIVATE RAIL SEMINAR OFFERED BY FORMER SURFACE TRANSPORTATION BOARD CHAIRMAN

Daniel Elliott served as Chairman of the United States Surface Transportation Board (“STB”) from 2009 to 2017, nominated by the President and confirmed by the Senate twice. The STB is an independent federal agency that is the economic regulator of the freight railroads and has exclusive jurisdiction over these matters. He left the agency in 2017 to work with the law firm Conner & Winters in Washington, D.C., on railroad regulatory matters. In his roles as Chairman and attorney, he has gained unique insights into issues that are important for railroads and rail shippers.

Most importantly, he has discovered that many individuals with responsibility over rail shipping do not have sufficient knowledge of the legal implications of the STB’s jurisdiction over freight rail issues. A better understanding of these issues would provide more leverage in negotiations regarding rail rates and service.

The STB serves as a backstop for shippers when railroads have no competition. It is important to understand when you are covered by these provisions. Some rail traffic is not covered at all, and other traffic is subject to enhanced protections. Without an adequate understanding of where you stand in this regulatory scheme, you could be at a distinct disadvantage when discussing rates and service.

In addition, it is important to understand your rights once you determine whether you are subject to this regulatory scheme. A shipper has a right to receive service, reasonable rates, reasonable practices, and many other protections. Without the knowledge of how the STB regulates these issues, you may not know what you can push for during negotiations. This seminar will provide that knowledge for future negotiations and possible action at the STB.

Daniel Elliott will come to your offices to provide his insights into this rail regulatory scheme and how to best utilize the protections the STB provides. He can explain how regulators think as well as how to get action formally and informally from the Board. He can also warn you of the pitfalls that others have fallen into when constructing rail projects. This additional knowledge could save a company many thousands of dollars in transportation costs down the road.

Please contact Daniel Elliott at delliott@cwlaw.com or 202-887-2112 if you are interested in a seminar or have any questions. The cost of a seminar depends on the length of time and the size of the audience plus travel outside the DC metropolitan area. He looks forward to helping you gain the knowledge you need to negotiate regarding rail service.

Daniel R. Elliott was presidentially appointed to two terms in 2009 and 2015 on the U.S. Surface Transportation Board (STB), an independent economic regulator of the freight railroad industry, and was confirmed by the U.S. Senate both times.  He was designated by the President to be Chairman for both of these terms until January 2017.

As Chairman, Mr. Elliott became an authority in railroad economic regulatory matters handled before the STB, in Congress and through the courts. He was responsible for decisions at the agency regarding complex rulemakings, rate cases, preemption issues, and major rail construction cases. Another part of his job included constant interaction with Congress, especially the committees with oversight over STB activities, including testimony before the Senate Commerce Committee on several occasions. 

Prior to assuming his leadership role in the federal government, Mr. Elliott litigated labor and transportation cases for sixteen years before the federal courts and numerous federal agencies.  He has appeared before the Surface Transportation Board, the National Mediation Board, the National Labor Relations Board, and the Department of Labor.  He won numerous significant cases before these agencies and in the federal district and appeals courts during this time.