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Nossaman LLP

Kevin M. Sheys

Partner

T 202.887.1420
F 202.466.3215
1666 K Street, NW, Suite 500
Washington, DC 20006

Kevin Sheys guides railroad industry clients through regulatory and transactional challenges to help them achieve their objectives.  He represents government and private sector clients on high-priority freight and passenger railroad projects and matters.

In the passenger rail sector, Mr. Sheys advises Amtrak on host railroad issues before the Surface Transportation Board and assists state sponsors of intercity passenger rail service on rail line construction, line acquisitions and related regulatory issues.  He has been primary outside counsel on more than 20 commuter and light rail "New Start" projects, including related line acquisitions, shared use agreements and regulatory issues.  He also represents contractors on operation and maintenance service procurements.

In the freight arena, Mr. Sheys assists oil, steel, chemical and heavy manufacturing companies to establish or expand rail-served facilities.  He has represented buyers in more than 30 rail line acquisitions and advised numerous freight railroads on how to make effective use of ICCTA preemption to expedite permitting and environmental clearance of new facilities.

Mr. Sheys, who is Chambers-rated nationally in the rail field and AV Preeminent® Peer Review Rated by Martindale-Hubbell, counsels railroad industry clients on a wide range of regulatory issues.  These include railroad safety compliance and waivers; hazardous materials transport compliance; federal approvals for railroad construction projects and line acquisitions; the scope of federal railroad labor, employment and retirement laws; and compliance with the wide array of laws applicable to recipients of federal funding.

His transportation infrastructure Twitter account is @ksheys.

Representative Work

  • Twin Cities Southwest Light Rail Transit Project.  Counsel on the Metropolitan Council’s acquisition of rail line from Canadian Pacific Railway for extension of the METRO Green Line from downtown Minneapolis through the communities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie.  

  • Port of Oakland Army Base Redevelopment.  Counsel to the Port of Oakland in negotiation of operating agreement with new port rail operator covering expanded facilities on former Oakland Army Base.

  • Jackson County Rock Island Corridor.  Counsel on Jackson County, Missouri’s acquisition of a line of railroad from Union Pacific Railroad and defense of third party Surface Transportation Board challenges to the acquisition.

  • DOT-117 Tank Car Rulemaking.  Counsel to a large tank car lessor regarding U.S. Department of Transportation's DOT-117 tank car standards, including repeal of the electronically controlled pneumatic (ECP) brake requirement. 

  • National Railroad Passenger Corporation (Amtrak) – STB Proceedings.  Counsel on Amtrak’s Surface Transportation Board proceeding to establish terms and compensation for Amtrak’s continued use of the rail lines of Canadian National Railway Company    

  • California High-Speed Rail Authority – STB Authorization/ICCTA Preemption.  Counsel on the Authority’s effort to secure STB authorization for construction of track and facilities in the Central Valley and to effectively use ICCTA preemption to expedite permitting and environmental clearance of the planned system.

Awards & Honors

Individual recognition for Transportation, Rail (for Railroads) - Nationwide, Chambers USA, 2015-2018

2015 Super Lawyers Logo

Selected to the Super Lawyers list for 2014-2018

"Top 45 Regulatory & Compliance Trailblazers," National Law Journal, 2015

John C. Vance Award, National Academy of Sciences/Transportation Research Board

AV Preeminent® Peer Review Rated by Martindale-Hubbell

Kevin M. Sheys
Kevin M. Sheys

Practices

Education

J.D., University of Minnesota Law School, 1987, cum laude

B.A., Gustavus Adolphus College, 1984, magna cum laude

Admissions

California

District of Columbia

Minnesota

U.S. Court of Appeals for the District of Columbia, 4th, 7th, 8th and 9th Circuits

Professional Affiliations

American Public Transportation Association, Legal Affairs and Commuter Rail Committees

Railway Supply Institute, Washington Affairs Committee

National Railroad Construction and Maintenance Association, Safety Committee

Association of Transportation Law Professionals, Board of Directors

Transportation Research Board, Standing Committee on Transit and Intermodal Transportation Law

Awards & Honors

Individual recognition for Transportation, Rail (for Railroads) - Nationwide, Chambers USA, 2015-2018

2015 Super Lawyers Logo

Selected to the Super Lawyers list for 2014-2018

"Top 45 Regulatory & Compliance Trailblazers," National Law Journal, 2015

John C. Vance Award, National Academy of Sciences/Transportation Research Board

AV Preeminent® Peer Review Rated by Martindale-Hubbell

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