Lawyer profile for USA 2022
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This content is provided by Peter A Pfohl
Mr. Pfohl is a Partner with a focus in railroad transportation law. Mr. Pfohl has represented numerous clients, including railroad shippers and receivers, public entities, and short line railroads, on a variety of railroad regulatory adjudications, rulemakings, and proceedings, federal and state court litigation, alternative dispute resolution, contractual matters, preemption, railroad/customer liability issues, safety regulations, and railroad and rail line acquisitions.
Mr. Pfohl is an ex officio member of the Board and past President of the Association of Transportation Law Professionals.
“Who Should Pay for Agency Adjudication? A Study of $200,000 Filing Fees at the Surface Transportation Board,” 25 Transp. L.J. 57 (1997).
“Congressional Review of Agency Rulemaking: the 104th Congress and the Salvage Timber Directive,” 14 J. L. & Pol. 1 (1998).
Successfully represented rail customers in the few cases in recent years where the STB has enjoined railroads’ attempts to substantially reduce or terminate rail service.
Successfully represented major regional rail terminal in the first rail construction build-out case in over a decade ordering incumbent railroad to allow its lines to be crossed to enable direct rail-to-rail service competition.
Successfully represented several toxic-by-inhalation shippers in complaint proceedings against railroads over the attempted forced implementation of onerous liability and indemnity service terms.
Successfully represented railroad customers in disputes with railroads over demurrage, embargo, and service discrimination matters.
Successfully represented major regional paper mill in obtaining injunctive relief and preserving reasonable service and rate terms against efforts by railroad to substantially increase rates and reduce service.
Regularly represents leading shipper trade organization before regulators, the courts, and Congress seeking to promote pro-competitive railroad activities and practices and effective regulatory policies (e.g., in proceedings addressing railroad competition; rate regulation; rail fuel-surcharges; railroad coal dust tariffs; railroad acquisition premium pass-throughs; complaint filing fees, etc.).
Successfully represented regional railroad and leading shipper trade association in administrative and appellate review proceedings approving the largest railroad construction project in modern history to reach the western coal mines against significant environmental law challenges.
Successfully represented public and private clients in railroad abandonment and rail acquisition and operation administrative proceedings, preserving vital common carrier service to communities and businesses.
Part of legal teams successfully representing clients in several nationally prominent actions overcoming federal preemption challenges to state property rights and tort actions under the ICC Termination Act and the Federal Railroad Safety Act.
Part of legal teams successfully representing utility coal shippers in challenges to rail rates, including a decision issued by the STB in 2009 awarding approximately $350 million in reparations and rate reductions (as estimated by the STB) and which the STB described as “the single largest reduction in rail rates ever awarded by this agency.”
Part of legal teams successfully representing clients in several breach of contract and force majeure disputes under rail transportation and commodity supply agreements, resulting in hundreds of millions of dollars in savings and damages avoidance.
Part of legal teams successfully representing public and private clients in rail merger proceedings in obtaining various competitive and environmental/safety protective conditions.
Frequently represents and advises clients regarding federal and state laws and regulations involving the transportation of hazardous materials and federal preemption matters, and on PHMSA and FRA hazardous materials enforcement matters, regulations, and rulemakings involving railcar equipment.
Top Rated Transportation & Maritime Attorney in Washington, DC (2016 - 2022)
Best Lawyers in Transportation Law & Railroad Law
Best Lawyers in America
University of Notre Dame
0 - 1989
Columbus School of Law at the Catholic University of America
JD, cum laude
0 - 1997