Matthew J. Warren

Representative matters that Matt has handled recently include:

Litigation

• Represented CSX Transportation, Inc. 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.
• Representing three Class I railroads in petition to review STB reciprocal switching rules in the Seventh Circuit Court of Appeals.
• Representing CN in STB briefing and oral argument relating to interchange dispute with another carrier, successful appeal of an initial STB decision to the Seventh Circuit, post-remand proceedings, and subsequent Seventh Circuit appeal.
• 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.
• Represented 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
• Representing Class I railroads in STB litigation with shippers over alleged service issues.
• Representing CN in federal district court litigation regarding federal preemption.
• Represented CN in federal district court litigation regarding demurrage fees.

Transactions

• Representing CN in its acquisition of Iowa Northern Railway and ongoing STB approval process.
• Represented CN in requests for conditions in the Canadian Pacific Kansas City Limited merger proceeding.
• Advising clients on potential transactions to acquire transportation assets, including rail lines, trucking assets, and terminal facilities.
• Represented Fortress Transportation and Infrastructure Investors LLC in connection with its acquisition of Transtar, LLC and its six railroad subsidiaries from U.S. Steel Corporation.
• 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.
• 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

• Representing 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.
• Advising parties to National Transportation Safety Board investigations.
• Advising railroads on compliance with FRA regulations, requests for waivers of FRA regulations, and rulemaking proceedings.
• Advising 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.