Overview
As an experienced advisor to major railroad industry clients, Peter Denton assists clients with regulatory and legislative issues, business transactions, arbitrations, court actions, disputes before the Surface Transportation Board (STB), and appeals in federal court. He has extensive experience advising clients on competitive access issues, the regulatory implications of mergers and acquisitions involving rail carriers and railroad property, and on obtaining STB regulatory approval for railroad transactions and the construction, abandonment, or discontinuance of service over rail lines. Additionally, Peter focuses his practice on disputes related to federal preemption of state and local regulation under the ICC Termination Act of 1995 (ICCTA). He also counsels clients on the scope of federal rail safety laws administered by the Federal Rail Administration (FRA) and rail labor laws administered by the Railroad Retirement Board.
In addition to his extensive experience in transportation law, Peter manages an active infrastructure practice. He advises 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.
- District of Columbia
- Maryland
- US Court of Appeals, District of Columbia
- US Court of Appeals, Seventh Circuit
- J.D., Georgetown University Law Center, 2008
- B.A., Georgetown University, 2003, English
Representative Matters
Railroad Matters
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Advised BNSF Railway Company on a number of matters in connection with enforcing and implementing the conditions imposed by the STB on Union Pacific’s (UP) merger with Southern Pacific (SP) and the corresponding settlement agreement between BNSF and UP/SP.
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Advised BNSF Railway Company in a number of disputes with other rail carriers regarding shared use of rail lines and other commercial relationships.
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Advising BNSF Railway Company on STB regulatory issues, including obtaining STB authority for a variety of transactions relating to railroad property.
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Assisted the North Coast Railroad Authority in seeking US Supreme Court review of a California Supreme Court decision holding that the ICC Termination Act of 1995 (ICCTA) does not preempt state environmental permitting laws when applied to a publicly-owned railroad.
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Advised a short line railroad holding company in connection with the acquisition of a rail line from a Class I rail carrier.
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Advised a bidder in connection with the potential purchase of a short line railroad that is currently owned by a publicly traded company.
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Advised a bidder in connection with the potential purchase of the Florida East Coast Railway, which was ultimately acquired by a competing bidder for $2.1 billion.
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Advised a leading steel producer in efforts to divest its captive short line railroad.
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Advised Morgan Stanley & Co. LLC as underwriter’s counsel in the issuance of $600 million of tax-exempt private activity bonds for the benefit of the first phase of the All Aboard Florida Brightline passenger rail project – the first privately financed US intercity passenger rail project system in over a century.
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Acted as special counsel for the purchasers in connection with the issuance of $365 million of senior secured notes, secured by 68 locomotives, and $135 million of unsecured notes of National Railroad Passenger Corporation (Amtrak). The proceeds of the issuance, Amtrak’s first private placement, were used to refinance a lease securing a Railroad Rehabilitation & Improvement Financing (RRIF) loan from the FRA.
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Advised a leading rail equipment supplier regarding the scope of federal safety law and related FRA regulations.
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Represented the California High-Speed Rail Authority before the STB in obtaining authority to construct the Initial Operating Segment of its 800-mile, multi-billion dollar high-speed train system and in analyzing the preemptive effect of federal STB jurisdiction.
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Assisted the Michigan Department of Transportation in the $140 million purchase from Norfolk Southern Railway Co. of a 135-mile segment of railroad track between Kalamazoo and Dearborn, Michigan and associated infrastructure improvements allowing 110 mph high-speed passenger rail service over the route.
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Served as STB counsel for the Port of Seattle on a number of issues related to the Port’s ownership of a rail line, including successfully invoking federal preemption in defending the Port from an adverse condemnation action, and securing a ruling that a short line operator did not have authority to restart freight service on the line.
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Represented the Trinity Railway Express, a Texas commuter passenger railroad, in its appeal at the US Court of Appeals for the Seventh Circuit of a Railroad Retirement Board determination of the status of the client as covered by the Railroad Retirement and Railroad Unemployment Insurance Acts.
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Represented the Village of Barrington, IL in its challenge before the STB and the US Court of Appeals for the District of Columbia Circuit to the Canadian National Railway Company’s acquisition of the Elgin, Joliet and Eastern Railway Company.
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Represented a number of public transit agencies on federal railroad regulatory and commercial issues, including representation before the STB regarding the ownership of rail lines, representation before the FRA regarding the waiver of safety regulations, and negotiations with adjacent freight railroads.
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Represented various short line railroads on federal railroad regulatory issues, including representation before the STB regarding the construction and ownership of rail lines and advising on the extent of federal preemption of state and local laws.
Infrastructure Projects
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Advised the California High-Speed Rail Authority on procurements related to the Initial Operation Segment of the 800-mile, multibillion-dollar high-speed train system that will connect the state’s major urban centers, and related federal funding issues.
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Advised Front Range Mobility Group – a bidding consortium of ACS, HOCHTIEF, AECOM Capital, and John Laing Investments – as sponsor’s counsel for the Colorado Department of Transportation Central 70 Project, a design-build-finance-operate-maintain availability payment P3 for planned highway improvements in the Denver area.
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Advised Texas Department of Transportation in the procurement of the approximately $566 million Southern Gateway design-build-maintain highway improvement project in the Dallas area and the approximately $95 million SH 71 Toll Lanes design-build project in Austin, Texas.
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Advised Grupo Odinsa S.A. as sponsor’s counsel for the approximately $140 million Green Corridor availability payment road project – the first-ever P3 transaction in Aruba.
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Advised Illinois Department of Transportation in the procurement of a developer to design, build, finance, operate, and maintain the Illinois portion of the Illiana Corridor Project, a greenfield 47-mile long limited access toll road corridor, through an availability payment concession.
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Advised a joint venture bidding consortium of ACS, Fengate Capital Management and Star America Infrastructure Fund as sponsor’s counsel for Project Neon I-15, a design-build-finance-operate-maintain P3 for planned highway improvements in the Las Vegas area, to be implemented through a long-term availability contract with the Nevada Department of Transportation.
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Advised the Maryland Transit Administration in the procurement of the approximately $2.2 billion Purple Line light rail transit project connecting Montgomery and Prince George’s Counties, Maryland.
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Advised the Florida Department of Transportation in the procurement of a $2 billion, 40-year DBFOM contract for the I-4 Ultimate Project, which includes reconstruction of a 21-mile segment of I-4 to accommodate three general use lanes, auxiliary lanes, and two managed lanes in both directions.
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Advised the Virginia DOT in the successful procurement of a public-private partnership to develop the $2.1 billion Downtown Tunnel/Midtown Tunnel/MLK Freeway Extension project in Norfolk and Portsmouth, Virginia.
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Represented the Metropolitan Washington Airports Authority in the procurement of a $2.7 billion design-build contract for Phase 2 of the Dulles Corridor Metrorail Project in Fairfax and Loudoun Counties, Virginia.
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Assisted the Pennsylvania Turnpike Commission in implementing a cash-less nonstop All Electronic Tolling system, including a review of state law requirements related to electronic tolling and enforcement.
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Advised RATP Dev McDonald Transit on the operations and maintenance contract with the District of Columbia Department of Transportation for the initial phase of the Washington DC streetcar system.
Speaking Engagements
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Moderator, "Modal Updates Part I," ATLP 90th Annual Meeting, June 9, 2019
News & Publications
Press Releases
Steptoe Receives 28 Practice Rankings, 34 Individual Awards in Legal 500 US 2023
June 14, 2023
Press Releases
Steptoe Receives 25 Practice, 72 Individual Mentions in Chambers USA 2023
June 1, 2023
Press Releases
Steptoe Receives 27 Practice, 72 Individual Mentions in Chambers USA 2022
June 3, 2022
Client Alerts
Steptoe Executive Order on Competition (EOC) Tracker
July 21, 2021
By: Michael L. Weiner, Micah S. Green, Leslie A. Belcher, Christopher Bjornson, David H. Coburn, John J. Kavanagh, Douglas G. Green, Pantelis Michalopoulos, Scott A. Sinder, Bill Toth, Travis West, Peter W. Denton, Dane Jaques
Press Releases
Steptoe Receives 24 Practice, 71 Individual Mentions in Chambers USA 2021
May 20, 2021
Press Releases
Steptoe Receives 125 Individual Mentions in Best Lawyers in America 2021
August 20, 2020
Events
Webinars
2nd Annual Regulatory Symposium: Mergers in Regulated Industries
October 8, 2020
Speakers: Peter W. Denton, Frederick Day (Brookfield Asset Management), Gregory Camet (Entergy), Hadass Kogan (DISH Network)
Noteworthy
- Law360, "Rising Stars," Transportation (2020)
- Best Lawyers in America, Transportation Law (2020-2022)
- Best Lawyers in America, Railroad Law (2021-2022)
- Legal 500 US, "Next Generation Partners," Transport: Rail & Road - Litigation & Regulation (2023)
- Legal 500 US, Industry Focus: Transport, Rail & Road - Litigation (2019)
- Legal 500 US, Industry Focus: Transport, Rail & Road - Regulation (2019)
- Chambers USA, Transportation: Rail, Nationwide (2021-2023); Up and Coming (2019-2020)
- Chambers USA, Associate to Watch (2016-2018)
- Super Lawyers, Washington, DC, "Rising Stars" (2014-2021)
- Vice President, Association of Transportation Law Professionals