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The firm has extensive experience and expertise in representing rail shippers -- in particular electric utility coal shippers -- in a wide range of matters before the Surface Transportation Board (formerly the Interstate Commerce Commission) and the federal courts, including coal rate cases, trackage rights/reciprocal switching cases, rail merger proceedings, and rail line construction proceedings. Slover & Loftus has tried many of the significant coal rate cases at the ICC in the last 20+ years, beginning with the San Antonio case in 1975. On behalf of a variety of clients, the firm has been involved in a leading role in every significant transportation rulemaking proceeding at the Commission and related legislative initiatives affecting coal transportation during this same period. The firm has represented shippers, states, cities and port interests in several rail merger proceedings including most recently, the acquisition and division of the former Consolidated Rail Corporation, the Union Pacific/Southern Pacific Merger, the Burlington Northern/Santa Fe Merger; the Union Pacific mergers with Chicago & North Western Transportation Company, the Missouri Pacific and the MKT; and the DRGW and SP Merger.
Slover & Loftus also specializes in representation of clients in commercial transactions with rail carriers. The firm has assisted numerous utilities and other major coal shippers in negotiating rail transportation contracts in a wide variety of different circumstances. The firm remains involved on a continuing basis with issues arising in the administration of such contracts, including, for example, questions relating to the proper implementation of rate adjustment provisions, price renegotiation or true-up provisions, and railroad service commitment provisions. In circumstances wherein shippers face unanticipated changes in the economics of transportation or controversies over the application of contract terms, the firm assists them in analyzing and evaluating their options and represents them in renegotiations, arbitrations and litigations involving rail transportation contracts.
In an increasing number of situations, rail shippers must consider capital investments such as new rail lines in order to achieve the benefits of competitive rail rates. Slover & Loftus has assisted a number of shippers in evaluating and implementing such projects.