James Guinivan

James Guinivan is Counsel in Dentons' Regulatory, Public Policy and Government Affairs group, based in Washington, DC. His practice focuses on Transportation Law, with an emphasis on administrative and appellate work for companies in the transportation, energy and other regulated industries.

Jim's knowledge of the legal issues important to these sectors is deep and wide-ranging. In connection with engagements, he has analysed the economic implications of particular regulatory transactions; issues having to do with agency jurisdiction over particular entities and transactions; the regulatory aspects of entering or withdrawing from a transportation market; federal preemption over state and local law; common carrier obligations, particularly with respect to railroads; rail abandonments and the preservation of rail corridors for transportation and other public uses; the impact of agency regulatory action on contractual rights; the application of federal environmental and labour laws to the transportation activities of private and government entities; and issues arising under the Railway Labor Act.

His experience includes obtaining regulatory approvals for the mergers of major rail carriers and the construction of new rail lines; advising clients on structuring transactions to fall within, or outside of, a regulatory agency's jurisdiction; counselling private entities on the acquisition of rail lines for freight service, and public entities and freight railroads on arrangements for sharing rail corridors for the provision of freight and commuter rail services; and advising clients on strategies for expediting environmental review of regulatory transactions under the National Environmental Policy Act (NEPA).

He also advises railroads on their contractual and regulatory rights to use specific facilities and serve specific shippers and locations; advises railroads and public entities in the exercise of eminent domain powers to acquire tracts of land; advises clients regarding proposed federal deregulatory legislation; and advises clients on the application of federal rail labour statutes to regulated transactions and entities. He represents clients before the Surface Transportation Board, the former Interstate Commerce Commission and in various appellate courts.

He holds a JD and a BA from the University of Virginia. He is listed as a Recognized Lawyer by The Legal 500 in Transport: Rail and Road – Litigation and Regulation, and by Best Lawyers in America for Railroad Law and Transportation Law. He is a member of the American Bar Association and the Association of Transportation Law Professionals, and serves as Director and Secretary of DC Knights of Columbus Charities.