Practice Areas
Railroad Law
Energy Law
Contract Law
Commercial Litigation
Antitrust Law
Honors
The Best Lawyers in America, Transportation Law and Railroad Law
Ranked by Chambers USA, “Leading Individuals,” for Transportation: Rail (for Shippers) (Nationwide)
“Kelvin Dowd ‘pushes hard to get results for his clients’ according to an interviewee. He represents companies in cases involving challenges to carrier rail rates, and is particularly noted for his work with coal industry clients.”
“Kelvin Dowd often handles regulatory proceedings before the STB, particularly in relation to the coal sector. He runs unreasonable practice and carrier rate cases for various trade associations and shippers.”
“Kelvin Dowd is a well-regarded transportation lawyer, whose practice is focused on representing trade associations and individual entities in proceedings before the STB. His expertise includes railroad competition, rate regulation, fuel surcharges and mergers. He is praised by a client as ‘commercial, prompt and knowledgeable.'”
“He is a proficient litigator . . . with a reputation as a ‘very tenacious lawyer.’”
“Kelvin Dowd is noted for his tenacious litigation style and cogent advice. . . . Sources attest that he is ‘skilled in contract-drafting language, and his negotiation strategies are great too.’”
“[H]ighlighted by peers for his capabilities in STB disputes . . . , negotiation of fuel supplies and transportation contracts, among other areas.”
“[A]cts for consumers of rail transportation in a swath of matters, including supply and transportation contracts, antitrust, M&A approval proceedings, and rate and service litigation. He is a regular figure before state and federal courts and various regulatory bodies.”
Kelvin J. Dowd
Slover & Loftus LLP
Partner
Email: kjd@sloverandloftus.com
Tel: (202) 347-7170
Fax: (202) 347-3619
Practice Focus
Kelvin J. Dowd’s practice focuses on strategic counseling, negotiation and litigation on behalf of corporations, cooperatives, states and municipalities in rail transportation, utility fuel supply, infrastructure, and logistics matters. He is an experienced and expert practitioner in state and federal courts, and before administrative agencies, state commissions and arbitration panels. With his guidance, clients have successfully negotiated utility fuel supply and transportation contracts, established new short line and regional railroads, constructed, purchased, and sold new or expanded transportation infrastructure, and protected their rights and interests in commercial disputes.
In the specific area of rail transportation, Mr. Dowd has represented clients in rail rate and service litigation, railroad merger and acquisition approval proceedings, antitrust litigation, and labor-related disputes. He has been representing major consumers of rail transportation service as a member of Slover & Loftus LLP since 1981.
Representative Legal Matters
Represented the State of New York in proceedings before the Surface Transportation Board related to the acquisition and division of Conrail in 1998, successfully securing competitive freight rail service into New York City.
Represented utility coal shippers in numerous proceedings that resulted in substantial reductions in their fuel transportation costs, including Consumers Energy Company v. CSX Transportation, Inc. (STB Decision served January 11, 2018); Texas Municipal Power Agency v. Burlington Northern & Santa Fe Railway, 6 S.T.B. 573 (2003); West Texas Utilities Company v. Burlington Northern Railroad, 1 S.T.B. 638 (1996), aff’d, sub nom, Burlington Northern Railroad Company v. STB, 114 F.3d 206 (D.C. Cir. 1997); and Seminole Electric Cooperative v. CSX Transportation, Inc., STB Docket No. 42110 (settled in 2010).
Acted as lead counsel in proceedings before the Surface Transportation Board and the U.S. Courts of Appeals which defined the nature of the relationship between new regional railroads and their current and predecessors’ employees, including Brotherhood of Railroad Signalmen v. I.C.C., 63 F. 3d 638 (7th Cir. 1995).
Represented an electric cooperative in arbitration proceedings involving rights to terminate uneconomic supply and services contracts, assert contractual rights to force majeure relief under fuel supply contracts, and pursue remedies for defective contractor services.
Successfully represented numerous electric utilities in the development and implementation of customized strategies to negotiate favorable contracts for the supply and transportation of essential coal fuels.
Represented plaintiffs in a federal antitrust suit challenging an alleged railroad conspiracy to frustrate the development of a competitive coal pipeline transportation system, securing settlements valued in the tens of millions of dollars in reduced transportation costs for each company.
Represented property owners and developers in successfully defending state property rights against railroad claims of federal preemption.
Assisted electric utility clients in the development of innovative pricing methodologies to respond to changing prices of alternative generation fuels and fluctuating electric power market prices.
Advised municipalities and other public owners of rail infrastructure on matters related to the development of new or expanded terminal and transload facilities, including commercial terms and environmental impact analyses.
Admissions
United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Tenth Circuit
Numerous United States District Courts
District of Columbia Bar
Education
Washington College of Law, American University (J.D. 1981)
University at Albany, Albany, N.Y. (B.A., cum laude, 1978)
Presentations and Publications
“The Captive Coal Shipper in 2018: Regulation and the Market,” National Coal Transportation Association, Palm Coast, FL, 2018
“The Clean Power Plan: Implications For Railroad Contracts, Rates And Services,” Western Coal Traffic League, Phoenix, AZ, 2016
“The Future of Railroad Economic Regulation: Revenue Adequacy/Rate Reasonableness/Competitive Switching,” Association of Transportation Law Professionals Fall Forum, Washington, D.C., 2015
“CSAPR Revisited: A Windfall for Coal Suppliers?” Western Coal Traffic League, Phoenix, AZ, 2015
“Jurisdiction and Authority Issues,” Association of Transportation Law Professionals Fall Forum, Washington, D.C., 2014
“Railroad Revenue Adequacy: What It Is, Why It Matters,” National Coal Transportation Association Fall Meeting & Conference, Denver, CO, 2014
“Issues and Strategic Challenges in Coal Transportation and Supply Contracts,” International Energy Credit Association Spring Education Conference, Summerlin, NV, 2013
“CSPAR the Not So Friendly Ghost,” Western Coal Traffic League, Phoenix, AZ, 2012
“The Dawn of Railroad Revenue Adequacy,” Western Coal Traffic League, Phoenix, AZ, 2011
“Congress and the Railroads, Version 20.10,” Energy & Mineral Law Foundation, Captiva, FL, 2010
“Cooperative Purchasing Arrangements,” Rail Transportation Forum, Tampa, FL, 2007
“Perspectives on the Guidelines for Major Rate Cases,” Association of Transportation Law Professionals, Washington, D.C., 2006
“Transitions in Captive Coal Rate Regulation,” National Coal Transportation Association, Denver, CO, 2003