James E. Howard LLC
Attorney at Law

Rail Transportation Experience

In the 1970s, Mr. Howard represented the Trustees of Penn Central Transportation Company during the bankruptcy and reorganization of Penn Central, which became the principal component of Conrail.  In the 1980s, he represented Guilford Transportation Industries in connection with its acquisition of three railroads--Boston and Maine, Maine Central and Delaware and Hudson.  Since January, 2002, he has served as the Chapter 11 trustee of Bangor & Aroostook Railroad and several of its affiliates.  The rail service provided by the BAR system was successfully preserved by means of the sale in January, 2003 to Montréal, Maine & Atlantic Railway.

Regulatory.   Mr. Howard has experience in a wide variety of rail transportation regulatory issues.  He represents clients before the Surface Transportation Board, the regulatory body for freight rail transportation, on matters such as preemption, licensing and abandonments. 

Transactions.  He also handles transactions involving rail carriers, including mergers and acquisitions, purchases and sales of assets and stock, operating agreements, trackage rights agreements, rail transportation contracts and other rail related transactions.

Litigation.  Mr. Howard regularly engages in representation of clients in litigation matters relating to rail transportation, including actions before the Surface Transportation Board and in state and federal courts.  He is experienced in the resolution of rail disputes by means of arbitration and mediation, and he represents clients before the Railroad Retirement Board on a variety of matters relating to the scope of coverage of the Railroad Retirement Act. 

Passenger Service.  In addition to the activities outlined above, which relate primarily to freight railroads, he has represented clients in matters relating to rail passenger service, including matters relating to Amtrak and intercity rail passenger service and matters relating to commuter rail service.  For example, Mr. Howard represents the Coalition of Northeastern Governors, providing advice relating to Amtrak and passenger service in the Northeast generally, and he has represented Massachusetts Bay Commuter Railroad, the entity that provides commuter rail service for the Massachusetts Bay Transportation Authority in the Boston area.  He has worked with Mercer Management Consulting on various projects relating to commuter rail service.

Disposition of Excess Real Estate.  In conjunction with several real estate experts, Mr. Howard also provides consulting service in connection with the sale of excess railroad real property.  Such service entails the identification of property not required for rail transportation service and the negotiation of sales on behalf of the owner-railroad as well as renegotiation of below market real estate leases and license agreements.


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