Schedule at a Glance

Please note that times and locations are subject to change.

General Counsel Symposium Moderators

Tuesday, September 9

10:00 a.m.-6:30 p.m. — Registration

12:00 p.m.-1:00 p.m. — General Counsel Committee Meeting with Lunch
Onna Houck, Vice President and Chief Legal Officer, Iowa Interstate Railroad, and Chair, ASLRRA General Counsel Committee

1:00 p.m.-2:00 p.m. — FRA and Plant Railroads
Rob Wimbish, Fletcher & Sippel LLC

Within the sweeping reach of the Federal Railroad Administration’s jurisdiction over railroad transportation safety in the U.S., the modal administration has offered a narrow and little-understood exception to its regulatory oversight – the plant railroad.  This presentation will explore this rather unique island of FRA de-regulation, its application, limitations, the challenges of navigating the FRA’s plant railroad policy, and whether the FRA’s current guidelines should be clarified or adjusted.

2:00 p.m.-3:00 p.m. — Environmental Regulatory Requirements for Brownfield Sites
Sarah Struby, Of Counsel, Stinson LLP, and David Schneidewind, Partner, Baker Sterchi Cowden & Rice LLC
Crystal Zorbaugh, Partner, Mullins Law Group, Moderator

This session will discuss opportunities that come with Brownfields development, including strategies to mitigate environmental risk and efficiently get projects over the finish line. Our presenters will weave in first-hand experiences and case law to provide a comprehensive discussion and practical considerations for Brownfields development.

3:00 p.m.-3:30 p.m. — Networking Break

3:30 p.m.-4:15 p.m. — STB Year in Review
Stephen Laudone, Senior Managing Associate, Sidley Austin LLP, and Spencer M. Naake, Associate, Mullins Law Group
Crystal Zorbaugh, Partner, Mullins Law Group, Moderator

This presentation will highlight recent Board decisions from 2025.  These proceedings cover a variety of topics of potential interest to short line railroads, including merger review and condition enforcement, abandonments and Trails Act proceedings, construction and operation licensing, preemption, and practice and procedure before the agency. Be sure to attend to stay ahead of the changes.

4:15 p.m.-5:00 p.m. — The Current STB and What it Means for Short Lines
Allison Davis, Partner, Sidley Austin LLP, and Matt Warren, Partner, Sidley Austin LLP

Our plan is to provide an overview of the Board’s functions, the current membership, recent structural changes, current policy priorities, and what all of that means for short lines.

5:00 p.m.-6:30 p.m. — Opening Reception with Region Meeting Attendees

Tuesday Speakers

Wednesday, September 10

7:00 a.m.-12:00 p.m. — Registration

7:00 a.m.-8:00 a.m. — Networking Breakfast with Region Meeting Attendees

8:00 a.m.-9:00 a.m. — Legal Update on FRSA (a/k/a OSHA Whistleblower) Claims
Tracey Donesky, Partner, Stinson LLP

Since 2009 when Congress amended the Federal Railroad Safety Act (FRSA)in 2007/2008 to expand protections for employees claiming discrimination and retaliation for reporting alleged on-duty work injuries, illnesses or otherwise reporting on perceived railroad safety and security hazards, litigation, risk management,  and defense of OSHA whistleblower claims have been a constant source of attention for railroads of all sizes and in all regions of the country.  In this session, Tracey Donesky will update members on legal developments since SCOTUS reviewed a SARBANES-OXLEY case (Murray v. UBS, decided 2.8.24) that had implications on FRSA litigation and how courts have since addressed the legal standards enunciated in Murray.  Find out how such litigation has evolved over the years, their current status and anticipated trajectory going forward.   The session will also provide some practice pointers on how railroad employers may prepare, anticipate and avoid such claims.

9:00 a.m.-10:00 a.m. — The New NEPA — Understanding (and Implementing) Seven County Infrastructure Coalition v. Eagle County
Jay Johnson, Partner, Venable LLP, and Kevin Keller, PG, CGWP, Intermodal Transportation Planning Practice Leader, HDR, Inc.

Seven County Infrastructure Coalition v. Eagle County was the first U.S. Supreme Court case in 20 years to address the scope and meaning of the National Environmental Policy Act. In this session, two people who were directly involved will take you from the early days of the project at issue in Seven County—the Uinta Basin Railway—all the way through the Court’s landmark opinion. You’ll learn how the Court’s decision could change the playing field for anyone who faces a NEPA review, especially at the Surface Transportation Board.

10:00 a.m.-10:30 a.m. — Networking Break with Region Meeting Attendees

10:30 a.m.-12:00 p.m. — Critical Incident Response
Mike Scully, Assistant Vice President, Risk Management/Law Department, CSX Transportation, Inc. , and Mimi Dennis, Partner, Crowell & Moring LLP

A thoughtful discussion that focuses on helping companies respond honorably after a crisis by providing conscious, compassionate care to survivors, families, and employees. While these events in our industry are extremely rare, it is still very important to train and prepare for them. Remember, whether it is a derailment with an evacuation with no injuries, or an accident with multiple injuries and fatalities, the core response will be to act swiftly to offer practical help to those affected by providing a compassionate response.

12:00 p.m.-1:00 p.m. — Networking Lunch with Region Meeting Attendees

Wednesday Speakers