Transportation
Practice Leader: John M. Cutler, Jr.
The transportation industry plays an increasingly important role in today’s economy as manufacturers rely less on stored parts and inventory and more on “just in time” deliveries, usually by truck, of the raw materials and parts needed to manufacture their goods. At the same time, railroads seek to increase their market share, advertising their ability to reduce congestion and minimize fuel consumption. As supply chains expand globally, air and ocean carriers, as well as forwarders, become more important, and Congress and federal agencies address issues of infrastructure investment, security, and safety.
Experienced in virtually all areas of transportation law and policy, our attorneys represent clients in economic and environmental litigation and rulemaking matters before federal and state governmental agencies, and federal and state courts. Transportation Group attorneys are also called upon to provide assistance in arbitration, contract writing and interpretation, legislative matters and arbitration.
Clients of the Transportation Group include shippers of coal, grain, plastics, pharmaceuticals, and other commodities; operators of private freight cars; national associations and their members; governmental bodies including state governments concerned about rail matters; short line railroads; and service providers and customers in all modes of surface transportation.
Administrative Matters
Members of the Transportation Group are among the attorneys practicing most actively before the agencies charged with regulating transportation service providers. Within the United States, most freight is transported by motor carriers and railroads, and McCarthy, Sweeney and Harkaway attorneys have represented clients in countless adjudicatory and rulemaking proceedings before the Interstate Commerce Commission and its successor, the Surface Transportation Board. The Transportation Group includes former ICC staff personnel, and its members also have experience before DOT, FMCSA, FRA, DHS, TSA, USDA and other federal agencies, as well as a number of state agencies.
Legislative Matters
McCarthy, Sweeney & Harkaway has a long history of accomplishment in helping clients within the bounds of existing law. However, there are times when the law itself must be changed. Legislation can clarify ambiguous statutes, address changed circumstances, or result in the establishment of new policies. Our attorneys have extensive experience in the legislative arena.
Congress amended the Interstate Commerce Act three times in 1980 alone. The Staggers Rail Act, the Motor Carrier Act, and the Household Goods Carriers Act produced profound changes in the regulation of railroads and trucking companies. Further changes resulted from the Negotiated Rates Act of 1993, the Trucking Industry Regulatory Reform Act of 1994, and the ICC Termination Act of 1995, which replaced the Interstate Commerce Commission with the Surface Transportation Board.
We monitor these developments closely, participate in hearings, meet with key Congressional members and staffers, and help guide clients through the legislative process by working with industry groups and associations. We also help draft legislation, and alert clients to dangers and opportunities as bills are presented, amended, debated, discussed, and brought up for votes. Our attorneys also work with members of Congress on matters before regulatory agencies.
Transactional Matters
Representation of clients involved in significant purchase, sale, or lease transactions has become a major part of the Transportation Group’s practice. Sales of short line railroads, purchases of rail lines, and transactions for the purchase, lease, or sale of rail equipment are now more frequent as railroad industry deregulation permits carriers to unbundle services and exit market segments in which they no longer desire to operate. Our attorneys participate in pre-transactional strategic planning, negotiations, document preparation, and regulatory proceedings when necessary to finalize these deals. Our thorough understanding of legal requirements and industry practices and our experience with similar transactions allow us to bring a variety of essential skills to all phases of these matters.
We also assist clients with the negotiation and drafting of contracts with railroads, trucking companies, air and water carriers and transportation intermediaries, including global forwarders. Transportation contracts can guarantee rates and service terms tailored to the shipper’s requirements at a time when common carrier service under unfiled tariffs has become controversial and, in some cases, subject to retroactive challenges. Contracts also have been used to cure environmental problems associated with railroad operations.
