Areas of Practice
Education
  • Harvard Law School, J.D., cum laude, 1983
  • Wellesley College, B.A., with honors, 1980, Phi Beta Kappa
Bar & Court Admissions
  • District of Columbia
  • US District Court, District of Columbia
  • US District Court, Eastern District of Michigan
  • US Court of Appeals for the Eighth Circuit
  • US Court of Appeals for the District of Columbia Circuit

Linda S. Stein

Partner
1330 Connecticut Avenue, NW
Washington DC 20036
TEL: +1 202 429 8185
FAX: +1 202 261 0518

Linda S. Stein, a partner in Steptoe’s Washington office, assists clients, primarily in the railroad industry, in regulatory proceedings before the Surface Transportation Board (STB), as well as complex civil litigation and arbitration.  She is the practice group leader of the firm’s Transportation Group.

Ms. Stein is nationally recognized for her skill in providing innovative solutions to the challenges that her clients face in this highly regulated industry.  She serves as chair of the Railroad Committee in the American Bar Association's Section of Public Utility, Communications and Transportation Law, and is ranked in the category of Transportation Law by The Best Lawyers in America.  She represents her clients before the STB in:

  • Rate reasonableness proceedings
  • Unreasonable rule or practice proceedings
  • Railroad line construction and crossing proceedings
  • Rail line exemption proceedings

She also represents these clients in civil litigation, primarily in contract disputes.  She has also represented clients from other regulated industries, including the pharmaceutical and energy sectors, in civil litigation and arbitration regarding ERISA and breach of contract issues, as well as contract disputes and cases challenging the issuance of permits under NEPA.  Her practice has also included appellate court proceedings involving the interpretation of statutory provisions and constitutional issues. 

Representative Matters

  • 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 establishing that the STB did not have jurisdiction over the proposed operations
  • Represented BNSF against Canexus in a Three Benchmark case at the STB involving the reasonableness of rail rates for transporting chlorine
  • 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 BNSF in In re Rail Freight Fuel Surcharge Antitrust Litigation, a putative class action in the United States District Court for the District of Columbia
  • Successfully represented BNSF against Western Resources in breach of contract dispute in Kansas federal district court 
  • Represents Tongue River Railroad Company in its application to construct and operate a rail line at the STB
  • Successfully represented an oil company in a NEPA challenge to an Army Corps of Engineer permit authorizing construction of oil facilities in Alaska North Slope

Noteworthy

  • Best Lawyers in America, Transportation Law, 2015-2018
  • 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)
  • Chair of Railroad Committee, American Bar Association - Infrastructure and Regulated Industries Section, Communications and Transportation Law (2004-present)

Select News & Events

Selected Publications

Professional Affiliations

  • 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, Alternative Dispute Resolution Committee, 2003-present
      • Vice Chair, Long Range Planning Committee, 2009-present
      • Vice Chair, Writing Competition Committee, 2004-present
      • Vice Chair, Membership Committee, 2009-present
      • Liaison, Commission on Racial & Ethnic Diversity in the Profession, 2008-present