Partner

Matthew J. Warren

Transportation
Supreme Court and Appellate
Commercial Litigation and Disputes

mjwarren@sidley.com

Washington, D.C. +1 202 736 8996

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MATT WARREN is a transportation regulatory lawyer and litigator who helps transportation providers resolve commercial disputes and comply with their regulatory obligations. Matt focuses his practice in the rail industry, and he has been nationally recognized by Chambers USA in the Transportation: Rail (for Railroads) category every year since 2014. Client reviews in Chambers USA describe him as “an exceptional and very clear legal writer.” Matt represents some of the largest railroads in the United States in regulatory proceedings before federal agencies and in litigation before federal and state courts. In addition, he represents investors in transportation assets and other entities affected by transportation regulations.

Matt is the contributing editor for Getting the Deal Through: Rail Transport, a comparative law guide to the legal systems governing rail transportation in 14 different countries. Matt authored the “Global Overview” chapter of this annual publication and co-authored the “United States” chapter with others from Sidley’s Transportation practice. Matt is also recognized for his work in Transportation Law by Best Lawyers.

Matt’s engagements for transportation clients include:

Surface Transportation Board Litigation: Matt represents clients in a variety of proceedings before the Surface Transportation Board (STB), ranging from unreasonable practice complaints to petitions for declaratory orders to service complaints. Matt has extensive experience defending railroads in STB rate reasonableness cases, including nine Stand Alone Cost cases, three cases under the STB’s Three Benchmark methodology and cases invoking the STB’s revenue adequacy constraint as an alternative means of relief.
Trial and Appellate Litigation: Matt represents railroads in federal and state courts in commercial litigation and litigation involving federal preemption of state and local law. He also represents railroads in petitions to review agency decisions before federal courts of appeal and in other appellate litigation.
Transactions: Matt advises parties in rail acquisitions and rail line sale transactions and represents parties in STB proceedings to approve transactions. After transactions are approved, Matt also advises parties on compliance with regulatory conditions placed on those approvals.
Rulemakings: Matt regularly represents parties in rulemakings and public hearings before federal agencies, including the STB, the Federal Railroad Administration and the Department of Transportation.
Regulatory Advice: Matt also counsels transportation providers about strategies for achieving business goals while complying with federal transportation regulations.

Experience

Representative matters that Matt has handled recently include:

Litigation

Representing a Class I railroad in federal district court litigation regarding demurrage fees.
Representing a Class I railroad in STB briefing and oral argument relating to interchange dispute with another carrier.
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 a Class I railroad in an STB petition for declaratory order relating to demurrage fees.
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 Norfolk Southern Railway Co. in an Eleventh Circuit appeal brought by a shipper challenging the STB’s decision that the shipper failed to prove that a challenged Norfolk Southern rate was unreasonable. Norfolk Southern prevailed before the Eleventh Circuit. See Sunbelt Chlor Alkali Partnership v. STB, No. 16-15701 (11th Cir. Jan. 26, 2018).
Representing a railroad in post-transaction STB litigation in which parties alleged that the railroad failed to comply with conditions on the transaction.
Representing railroads in multiple STB proceedings related to service issues, including public hearings, information requests and formal shipper complaints.

Transactions

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 railroads on Positive Train Control implementation issues and compliance with FRA regulations.
Advising railroads and investors on STB regulatory issues and proposed rulemakings

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. He also works with caregivers seeking adoptions and other permanent placements for abused or neglected children.

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

Credentials

Admissions & Certifications

U.S. Supreme Court
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
U.S. Court of Appeals, 10th Circuit
U.S. Court of Appeals, 11th Circuit
U.S. Court of Appeals, D.C. Circuit
U.S. District Court, District of Columbia
District of Columbia
Virginia

Matthew J. Warren

Credentials

Admissions & Certifications

Education

Clerkships

Contact