Matthew J. Warren

Representative matters that Matt has handled recently include:

Litigation

• Three Class I railroads in a July 8, 2025 Seventh Circuit victory that vacated the Surface Transportation Board’s final reciprocal-switching rule, holding that the STB exceeded its statutory authority by authorizing forced reciprocal-switching orders absent any threshold finding of inadequate rail service.
• CSX Transportation, Inc. (CSX) 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 board. In May 2025, a successful settlement was reached in favor of CSX, resolving a decade-long controversy over passenger service on the Gulf Coast. Application of National Railroad Passenger Corp
• Railroads in STB proceedings and state and federal court litigation involving preemption defenses under the ICC Termination Act and the Federal Rail Safety Act.
• Railroads in multiple 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
• Class I railroads in STB litigation with shippers over alleged service issues.
• CN in federal district court litigation regarding federal preemption.
• CN in federal district court litigation regarding demurrage fees.

Transactions

• CN in its successful STB application for approval of its acquisition of Iowa Northern Railway
• CN in requests for conditions in the Canadian Pacific Kansas City Limited merger proceeding.
• Clients on potential transactions to acquire transportation assets, including rail lines, trucking assets, and terminal facilities.
• Fortress Transportation and Infrastructure Investors LLC in connection with its acquisition of Transtar, LLC and its six railroad subsidiaries from U.S. Steel Corporation.
• 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.
• Volkswagen AG as lead transportation regulatory advisor in its’ proposed co-investment with Ford Motor Company in autonomous vehicle technology company Argo AI.

Rulemakings and Regulatory Advice

• Railroads in multiple STB rulemakings and public hearings, including proceedings related to rail service, rate case procedures, voluntary arbitration, demurrage, growth in the freight rail industry, reciprocal switching, and revenue adequacy.
• Parties to National Transportation Safety Board investigations.
• Railroads on compliance with FRA regulations, requests for waivers of FRA regulations, and rulemaking proceedings.
• Owners of property impacted by former rail lines on regulatory issues and abandonment procedures.

Matt has an active pro bono practice. For nearly two decades 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.