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HTMLThe Latest on the Transportation Bill
McDonald Hopkins LLC;
Legal Alert/Article
August 7, 2015, previously published on July 31, 2015
On Wednesday, the House officially called the Senate's bluff. The lower chamber voted, by a 385 to 34 margin, for a three-month extension of the federal transportation funding, an extension that will buy Congress until the end of October to reach a new deal. After voting for the extension, the...

 

HTMLTransportation Bill Advances in Senate
McDonald Hopkins LLC;
Legal Alert/Article
July 31, 2015, previously published on July 24, 2015
The Senate bill under consideration would extend the highway trust fund for six years, but provides funding for only the first three years. The pay-fors the Senate does identify include a $16.3 billion proposal derived from cutting dividends paid by the Federal Reserve to large banks, another $9...

 

Adobe PDFNorth Dakota Supreme Court — Ownership of Minerals Under Land Deeded to Railroads by Private Landowners
Lynne J. Boomgaarden, John R. Lee, John W. Morrison; Crowley Fleck PLLP;
Legal Alert/Article
July 30, 2015, previously published on July 17, 2015
In a recently decided case—EOG Resources, Inc. v. Soo Line R.R. Co., 2015 ND 187—a divided North Dakota Supreme Court held that a series of deeds from fee owners to a railroad, all titled “Warranty Deed—Right of Way,” unambiguously conveyed fee interests to the...

 

HTMLState of Ohio Reaches $11.5 million Settlement with Road Salt Providers Cargill and Morton to Resolve Price-Fixing Claims
Stephen L. Byron, Benjamin G. Chojnacki, Ellen R. Kirtner; Walter, Haverfield LLP;
Legal Alert/Article
July 7, 2015, previously published on June 2015
Ohio Attorney General Mike DeWine announced yesterday that the State of Ohio has reached a settlement in its price-fixing lawsuit against road salt providers Cargill, Inc. and Morton Salt, Inc.

 

HTMLOregon: Department of Transportation Seeks Volunteers for Pilot Program Taxing Miles Driven
David H. Godenswager, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
July 3, 2015, previously published on June 25, 2015
The Oregon Department of Transportation (ODOT) has announced OReGO, its road usage charge program designed to create "a fair and sustainable way to fund road maintenance, preservation, and improvements for all Oregonians."

 

HTMLNinth Circuit Holds No Status Quo Obligation During First Contract Negotiations Under Railway Labor Act
Todd C. Duffield; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 17, 2015
On June 8, 2015, in International Brotherhood of Teamsters, Airlines Division v. Allegiant Air, LLC, No. 14-16465 (June 8, 2015), the Ninth Circuit Court of Appeals ruled that under the Railway Labor Act (RLA), employers are not precluded from unilaterally changing working conditions during...

 

HTMLBe Prepared... Amtrak Train 188 Derailment
Vincent T. Cieslik; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 15, 2015, previously published on May 28, 2015
Shortly after 9:30 pm on May 12, 2015, Amtrak Regional Train #188 left the tracks on a curve in the Port Richmond section of Philadelphia, north of 30th Street Station. Amtrak and emergency response personnel rushed to the late-night accident scene and the nightly news reported the disaster in real...

 

HTMLShort-Term Transportation Fix
McDonald Hopkins LLC;
Legal Alert/Article
June 2, 2015, previously published on May 22, 2015
Before leaving town for the Memorial Day recess, the House passed a short-term transportation patch - and the Senate is expected to do the same before they leave as well. The bill, which passed 387-35 in the House, will extend the program for two months. Without the patch, the highway trust fund...

 

HTMLOregon Test Drives Gas Tax Alternative
McDonald Hopkins LLC;
Legal Alert/Article
June 2, 2015, previously published on May 22, 2015
The debate over a long-term transportation bill inevitably breaks down over the question of how to pay for it. The trust fund is currently funded by a federal gas tax. But, over the last few years more and more have begun to question whether or not there is a better and smarter way to raise the...

 

HTMLMichigan: Voters Reject Ballot Measure to Fix “The Sorry State of the Roads”
David H. Godenswager, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
May 29, 2015, previously published on May 14, 2015
Michigan lawmakers voted to utilize a different mechanism to address the state’s desperately needed infrastructure funding: A ballot proposal. However, Michigan voters last week rejected Proposal 1 (Prop 1), which would have increased fuel taxes while removing the sales and use tax from fuel...

 


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