Peter Denton

Rail Transportation | Transportation | Infrastructure & Project Finance

Peter Denton focuses his practice on helping his clients navigate the byzantine set of federal laws and rules that govern US freight and passenger railroads. Peter advises his clients on a broad range of legal, policy, and strategic matters relating to transactions, projects, disputes, investigations, legislation, and administrative rulemakings. Peter's clients have included the largest US freight railroads, regional and short line railroads, intercity passenger railroads, commuter railroads, public transportation agencies, public authority owners of rail property, rail service providers, rail equipment suppliers, and various financial institutions and funds that invest in the railroad industry. Peter also maintains an active infrastructure practice, advising clients on innovative financing, delivery, and procurement methods to develop public-private partnership (P3) projects, including major road, bridge, tunnel, railroad, port, and mass transit systems.

Transactions and Projects

Peter has participated on behalf of his clients in the regulatory approval process for nearly every significant railroad transaction in recent history. He has helped his clients obtain dozens of licenses from the Surface Transportation Board (STB) for railroad transactions, ranging from mergers and acquisitions of railroads, acquisitions or leases of rail lines, construction and operation of rail lines, abandonment of rail lines, and discontinuance of rail operations. Peter has also represented clients in opposition to or participation in STB proceedings where other parties have sought such licenses. Additionally, Peter has advised clients on obtaining funding for freight and passenger railroad projects from the Federal Railroad Administration (FRA) and other federal agencies. Peter also regularly helps clients and works with co-counsel on structuring transactions, providing targeted advice on commercial and legal issues unique to the rail industry.

Disputes and Investigations

Peter has advised clients on a wide variety of disputes involving freight and passenger railroads, including in federal and state courts, in private arbitration, and at the STB. He regularly counsels clients on strategic litigation issues presented by federal railroad law, including preemption of state and local laws and regulation under the ICC Termination Act of 1995 (ICCTA). Peter has also helped railroad clients participate in investigations led by the STB and other federal agencies.

Legislation and Rulemakings

Peter has advised clients on legislation, administrative rulemakings, and other federal policy issues that affect the railroad industry. These include economic and safety regulation, environmental review, rail labor issues, competitive access, funding for and regulation of high-speed intercity passenger rail projects, and the interaction between freight and passenger railroads