Matthew J. Warren

Representative matters that Matt has handled recently include:

Litigation

• Representing a Class I railroad in STB litigation over terms for a proposed new Amtrak service between Mobile and New Orleans, including an unprecedented 11-day evidentiary hearing before the full STB.
• Representing a Class I railroad in STB briefing and oral argument relating to interchange dispute with another carrier, successful appeal of an initial STB decision to the Seventh Circuit, and post-remand proceedings.
• Representing railroads in multiple Stand Alone Cost cases challenging the reasonableness of railroad rates, including Consumers Energy Co. v. CSX Transp., Inc., STB Docket No. 42142, E.I. du Pont de Nemours & Co. v. Norfolk Southern Railway Co., STB Docket No. 42125, and Total Petrochemicals & Refining v. CSX Transp., Inc., STB Docket No. 42121
• Representing Class I railroads in STB litigation with shippers over alleged service issues.
• Representing a Class I railroad in federal district court litigation regarding demurrage fees.
• Representing railroads in STB proceedings and state and federal court litigation involving preemption defenses under the ICC Termination Act and the Federal Rail Safety Act.
• Representing railroads in petitions to review STB decisions in federal courts of appeal, including appeals in rulemakings, rate litigation, and interchange disputes.

Transactions

• Advising clients on potential transactions to acquire transportation assets, including rail lines, trucking assets, and terminal facilities.
• Representing Canadian National Railway in requests for conditions in the CPKC merger proceeding and ongoing merger oversight proceedings.
• Represented Variant Equity in its successful STB application for approval of its acquisition of Coach USA Administration, Inc. and its multiple motor passenger carriers from Stagecoach Group Plc.
• Representing a real estate developer in negotiations to facilitate the redevelopment of property crossed by a defunct rail line and related STB proceedings to seek abandonment and trail use conditions.
• Led transportation regulatory advice team for Volkswagen AG’s proposed co-investment with Ford Motor Company in autonomous vehicle technology company Argo AI.

Rulemakings and Regulatory Advice

• Advising parties to National Transportation Safety Board investigations.
• Representing railroads in multiple STB rulemakings and public hearings, including proceedings related to rail service, rate case procedures, voluntary arbitration, demurrage, reciprocal switching, and revenue adequacy.
• Advising railroads on compliance with FRA regulations, requests for waivers of FRA regulations, and rulemaking proceedings.

Matt has an active pro bono practice. For over a decade he has represented an Alabama death row prisoner in post-conviction proceedings and he represents several individuals sentenced to life terms as juveniles in proceedings to seek resentencing. He has briefed and argued pro bono appeals before the D.C. Court of Appeals and briefed several cases on the merits in the United States Supreme Court.

Matt is a member of the Association of Transportation Law Professionals.