Kevin Sheys guides surface transportation industry clients on transactions and regulatory challenges to help them deliver their projects, improve their products and services and expand their businesses. His clientele includes freight and passenger common carriers, state and local governments, developers, contractors, suppliers, investors, lenders and professional service companies.

Kevin advises on high-priority freight and passenger railroad, intermodal, truck, interstate bus, and public transit projects and handles regulatory matters before the Surface Transportation Board (STB), Federal Railroad Administration (FRA), Occupational Safety and Health Administration (OSHA), Pipeline and Hazardous Materials Safety Administration (PHMSA), and Federal Transit Administration (FTA). Kevin has structured and negotiated more than 60 intercity, commuter, and light rail, streetcar, and bus transactions and represented buyers in more than 70 freight rail line acquisitions.

Kevin advises clients developing and deploying technology to improve the safety and efficiency of rail, truck, intermodal and marine terminal facilities, including autonomous and connected truck transportation, autonomous shuttles and warehouse and storage automation. He has assisted a leading builder in all phases of the development of alternative fuel locomotives, including testing and regulatory approval.

Kevin assists railroads, energy, steel, chemical, paper, food, and other companies on construction, operation and regulatory clearance of rail, truck, intermodal and marine terminal facilities. He assists these companies to secure reliable, safe and efficient operations both within these facilities and to product destinations, through carrier transportation service agreements. On freight rail facilities, he advises clients on effective use of the Interstate Commerce Commission Termination Act (ICCTA) preemption to expedite permitting and environmental clearance of new facilities.

Awards and recognitions

2015-2022

Transportation: Rail (for Railroads) (Nationwide), Rank 2
Chambers USA

2014-2019

Transportation and Maritime
Washington, D.C. Super Lawyers

2021

Transport: Rail and Road - Litigation and Regulation, Recommended
Legal 500 US

Education and admissions

Education

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

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

Memberships

Member, American Public Transportation Association, Legal Affairs and Commuter Rail Committees

Member, Railway Supply Institute, Washington Affairs Committee

Member, National Railroad Construction and Maintenance Association, Safety Committee

Bar admissions and qualifications

District of Columbia

California

Minnesota

Massachusetts

Representative experience

Advised a mining and specialty metals company on the construction of a rail and truck terminal facility, including a shared facility usage agreement with the involved Class I freight railroad.

Advised the developer of a greenfield residential community on the supplemental private rail and roadway commute options feasible for the project, including regulatory clearance and implementation.

Advised the developer of a crude oil rail off-loading facility on the agreements for the design and construction, and the regulatory clearance for the construction and operation of the facility.

Advised the operator of a campus driverless electric vehicle shuttle service on all agreements and regulatory requirements for the deployment and operation of the autonomous vehicle service.

Advised a marine terminal owner/operator on the construction and operation of an automated cold storage facility/warehouse, including negotiation of rail and truck transportation agreements.

Advised Commonwealth of Virginia on a US$4.8bn acquisition and expansion of rail lines between Washington, DC and Richmond, VA, including rail shared use agreements and regulatory clearances.

Advised Dallas Area Rapid Transit on a US$2bn passenger rail expansion (Silver Line), including all railroad shared use agreements and regulatory clearance.

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