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Update to Scheduled Hearing: BGD Secures Hearing with Surface Transportation Board Regarding CSX Transportation on Behalf of Several Energy Companies

Public Session Date Rescheduled for October 11, 2017

The Surface Transportation Board has set a new date for the public listening session to review CSX Transportation’s rail service problems and recovery plans. The session will take place October 11, 2017, at the Board’s offices in Washington, D.C.  The session will be open for public observation, although anyone wishing to speak must file an intent to participate with the Board no later than September 29, 2017.

Our original coverage dated August 31, 2017, along with a brief update from September 6, 2017, follows:

Update from Surface Transportation Board 09.06.17

Due to Hurricane Irma’s expected landfall in CSXT’s headquarters of the state of Florida, the public listening session scheduled for Tuesday, September 12, 2017, at 9:30 a.m., is postponed.

The Board understands that CSXT and many rail shippers are currently focused on hurricane preparedness efforts in areas that could be affected by the potentially catastrophic hurricane, and does not want to divert attention or resources from those necessary activities. The storm may also affect other parts of the southeast United States, where other parties interested in participating in the listening session may be located. The session will be rescheduled as soon as practicable in order for all interested parties to participate.

Original Blog 08.31.17

On August 21, 2017, Bingham Greenebaum Doll attorneys filed a petition with the Surface Transportation Board (STB) in Washington, D.C., on behalf of several energy companies, asking the STB to open an investigation and hold a hearing to address the state of rail service that CSX Transportation, Inc., (CSXT) has been providing.

National media coverage has shown that this is a widespread issue affecting nearly all industries, and BGD is working diligently to bring about change and greater accountability, given the essential value and importance of our country’s rail network system.

Just three days after BGD filed the petition, the STB issued a decision that granted BGD’s request to bring CSXT officials into a public forum to respond to regulators and affected shippers. A public session will be held in Washington, D.C., at the STB's offices on September 12, 2017. According to the decision, this session will provide an opportunity “to hear from CSXT on its efforts to implement a new operating plan and to address service problems on its network, to provide shippers the opportunity to report on recent CSXT rail service issues they have experienced, and to discuss whether additional service recovery efforts may be necessary.” The session will be open for public observation, although anyone wishing to speak must file an intent to participate with the Board no later than September 7, 2017.

Specific areas of concern that BGD has requested be addressed at the session include train performance and speed, gateway and interchange performance, service disruption, equipment, and personnel resources. These issues can negatively impact the operations of shippers who rely upon rail service – with concerns related to prompt and consistent transit times, inefficiencies, and effective customer service.

BGD stands ready to assist other clients and shippers with issues they may face regarding CSX Transportation, Inc., and the transport of their goods. The BGD team will work proactively to seek improved communication and service for clients in all transportation and logistics matters.

  • Partner

    Brad is a partner in the firm’s Tax and Employee Benefits department. He represents clients across Indiana in matters related to real and personal property taxation, including assessment appeals, requests for tax exemption

  • Of Counsel

    Chris serves as Of Counsel in the firm’s Lexington office. He is an experienced attorney and engineer representing coal, oil and gas, landholding and other natural resources industry and commercial clients in connection with:

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