Linda Stein represents clients in regulatory proceedings before the Surface Transportation Board (STB), as well as complex civil litigation and arbitration. She has extensive experience representing clients in rate reasonableness proceedings, unreasonable rule or practice proceedings, railroad line construction and crossing proceedings, and rail line exemption proceedings before the STB. Her clients appreciate her deep understanding of the rail industry, including her in-depth knowledge of the commercial side of the business and her long-standing relationships within the industry, which allow her to develop effective litigation strategies. As practice group leader of the firm’s nationally ranked Transportation Group, Linda is recognized for her ability to provide solutions to the challenges that her clients face in this highly regulated industry.
She also represents clients in contract disputes and other commercial litigation, if and when the need arises; as well as in cases challenging the issuance of permits under NEPA.
- District of Columbia
- US District Court, District of Columbia
- US District Court, Eastern District of Michigan
- US Court of Appeals, Eighth Circuit
- US Court of Appeals, District of Columbia
- J.D., Harvard Law School, 1983, cum laude
- B.A., Wellesley College, 1980, with honors, Phi Beta Kappa
- Represents BNSF, one defendant, in In re Rail Freight Fuel Surcharge Antitrust Litigation, a putative nationwide class action in the United States District Court for the District of Columbia in which the plaintiff is seeking billions of dollars. The district court denied class certification in October 2017.
- Successfully represented BNSF against Cargill in a rate reasonableness proceeding at the STB in which Cargill sought nearly $30 million in damages for a supposed overpayment of fuel surcharges.
- Successfully represented a noncarrier at the STB in a proceeding in which the STB decided in less than 2 months that it did not have jurisdiction over the proposed operations, which allowed the noncarrier to complete track construction in a timely manner.
- Represents BNSF in high profile proceedings at the STB, including a proceeding initiated by the agency to obtain interested parties’ comments on how to ensure that the STB’s rate complaint procedures are accessible to grain shippers.
- Represents a railroad in a private arbitration breach of contract matter.
- Represented BNSF against Canexus in a Three Benchmark case at the STB involving the reasonableness of rail rates for transporting chlorine.
- Successfully represented BNSF against Western Resources in breach of contract dispute brought by Western Resources in Kansas federal district court. A jury found no breach of contract.
- Represented Tongue River Railroad Company in its application to construct and operate a rail line at the STB.
"Modal Updates Part II," ATLP 90th Annual Meeting, June 11, 2019
"Freight and Passenger On Time Performance," Passenger and Freight Railroads Unite Conference, March 14, 2019
"STB Regulatory Issues and Possible Ways to Handle Through Informal Means," Railroads + Shippers = Solutions, Washington, DC, October 2, 2018
"Regulated Industry M&A Transactions: Special Considerations and Recent Developments," American Bar Association, January 17, 2018
"Appellate Litigation," 88th Annual Association of Transportation Law Professionals, Austin, TX, June 26, 2017
"FERC Regulations 101: Oil, Gas, LNG and Rail," Kinetic, September 29, 2015
Moderator, "New Rules for High-Hazard Flammable Trains," American Bar Association, May 27, 2015
News & Publications
August 20, 2020
April 23, 2020
February 18, 2020
August 15, 2019
April 29, 2019
March 4, 2019
November 1, 2018
August 15, 2018
May 30, 2018
May 3, 2018
- Legal 500 US, Industry Focus: Transport, Rail & Road - Regulation (2018-2019)
- Legal 500 US, Industry Focus: Transport, Rail & Road - Litigation (2019)
- Chambers USA, Transportation: Rail, Nationwide (2018-2020)
- Best Lawyers in America, Transportation Law (2015-2021)
- Chair of Railroad Committee, American Bar Association - Infrastructure and Regulated Industries Section, Communications and Transportation Law (2004-present)
- Chair of Hearing Committee, Board of Professional Responsibility of the District of Columbia (2008-2010)
- Hearing Committee Member, Board of Professional Responsibility of the District of Columbia (2004-2008)
- Fellow, American Bar Foundation
- Association of Transportation Law Professionals
- American Bar Association, Infrastructure and Regulated Industries Section
- Chairman, Railroad Committee (2004-present)
- Council Member (2007-2010)
- Vice Chair, Long Range Planning Committee (2009-present)
- Vice Chair, Writing Competition Committee (2004-present)
- Vice Chair, Membership Committee (2009-2017)
- Liaison, Commission on Racial & Ethnic Diversity in the Profession (2008-present)