Lawyer profile for USA 2022
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This content is provided by Robert Rosenberg
Mr. Rosenberg is a Partner with over 30 years of experience in transportation and energy matters, including litigation, arbitration, regulation, negotiation, and strategic planning in railroad, coal, wholesale energy, electric transmission, gas, and other matters. Mr. Rosenberg has substantial experience in economic issues, including damages analysis, productivity, and cost of capital. He has advised clients in litigation, arbitration, negotiations, and contract disputes with railroads and energy suppliers, and has successfully represented shippers, freight terminals, rail car owners, landowners, and others in rate cases, rulemakings, finance docket proceedings, and rail abandonments before the Surface Transportation Board and other forums. Mr. Rosenberg has also represented clients before the Federal Energy Regulatory Commission, other federal agencies, and federal and state courts, and has advised clients as to matters involving state economic regulation.
Published articles in Public Utilities Fortnightly and D.C. Legal Times (now National Law Journal).
Made presentations on various aspects of rail transportation and energy regulation to the Association of Transportation Law Professionals, National Rural Electric Cooperative Association, National Coal Transportation Association, and Western Coal Traffic League.
Guest Lecturer on railroad transportation regulation at The George Washington University Law School (2018-).
Administrative agency and appellate litigation resulting in substantial modification of the Surface Transportation Board’s methodology for estimating the cost of capital for the railroad industry.
Representation of captive shipper in first rate case before the Surface Transportation Board successfully applying the stand-alone cost test to coal movements involving two carriers.
Successful representation of shippers in other rate cases, licensing and other adjudications, and rulemakings at the Surface Transportation Board and in litigations and arbitrations against railroads.
Successful opposition to railroad efforts to base Surface Transportation Board revenue adequacy determinations and application of rate reasonableness constraint on replacement costs.
Successful representation in matters involving railroad transportation of solid waste, including preemption issues.
Representation of utilities in negotiation, administration, litigation, and arbitration of coal-supply and coal transportation arrangements.
Representation of RUS-financed rural electric cooperative in Ninth Circuit action overturning FERC’s efforts to impose refunds on non-jurisdictional sellers and in related litigation at FERC and in federal and state courts relating to the California power crisis of 2000-2001.
Representation of a utility trade association in initial implementation of reliability provisions of the Energy Policy Act of 2005.
Representation of coal mines, ethanol producers, real estate developers, and other entities in transportation arrangements, abandonments, offers of financial assistance, and creation, establishment, and operation of short-line railroads.
Successful representation of party in Interstate Commerce Commission proceeding delineating what transportation-related activities may cause an entity to become a common carrier and how common carrier status may be avoided and additional activities representing and advising clients as to becoming or avoiding becoming a common carrier.
Best Lawyers in Transportation Law & Railroad Law
Best Lawyers in America
A/V Preeminent Rated: Peer Rated for Highest Level of Professional Excellence
AB, magna cum laude
0 - 1978
Harvard Law School
0 - 1981