Eric M. HockyEric Hocky Clark Hill
Eric M. Hocky
Eric M. Hocky’s practice focuses on a variety of transportation matters. His practice also includes representing companies on general corporate and business matters.
Eric’s transportation practice relates primarily to railroads and their shippers. He has over 30 years experience representing railroads and other transportation interests throughout the United States on a variety of matters before federal (including the Surface Transportation Board, the Railroad Retirement Board and Federal Railway Administration) and state regulatory agencies including merger cases, abandonments (including adverse abandonments) and acquisitions of rail lines; construction of new rail lines; interchange rights; common control proceedings; and operating arrangements by lease or trackage rights.
Eric has counseled railroads on real property issues that have arisen in the course of acquisitions and in connection with the abandonment and transfer of rail lines, as well as those which arose in connection with the licensing and leasing of railroad property. He has also negotiated a variety of contracts between railroads, as well as between railroads and shippers and suppliers.
In financing transactions, Eric has advised both borrowers and lenders on the specialized requirements for mortgages and security interests in railroad property and equipment, and the proper recording of those interests.
Transportation matters litigated include issues involving preemption of local regulation of carriers, rail rates and commercial practices of carriers, freight loss and damage claims on behalf of carriers and freight shippers, judicial review of a variety of agency orders, inter-carrier disputes, contractual disputes, issues in carrier bankruptcies, and issues arising out of state taxation of railroad property and gross receipts.
Publications / Presentations
- Speaker, “Local Regulation of Railroads: Guidance for Municipal Attorneys on Navigating the Complexities of Federal Preemption,” Strafford live webinar, April 11, 2019.
- Speaker, “Hot! Hot! Hot! Legal Topics, Ask The Experts,” ASLRRA Annual Meeting, Orlando, Florida, April 2019.
- Speaker, “Railroad Law 101 (Preemption for Transit Attorneys),” APTA Legal Affairs Seminar, New Orleans, Louisiana, February 2019.
- Speaker, “Grade Crossings and Bridges: Who Pays? Who Maintains?” ASLRRA General Counsel Symposium, Kansas City, Missouri, November 2017.
- Moderator & Speaker, "Managing Today's Oversupply of Railcars,” ASLRRA Annual Meeting, National Harbor, Maryland, April 2016.
- Speaker, “PTC: The Bad and the Ugly (Jury is Out on the Good),” ASLRRA General Counsel Symposium, Kansas City, Missouri, October, 2015.
- "Concerns Raised over PHSMA Proposed Crude-by-Rail Rule," E-Alert, November 2014.
- Speaker, “Handling HazMat: Controlling What You’re Hauling,” ASLRRA General Counsel Symposium, Kansas City, Missouri, October, 2014.
- Speaker, “Selling & Purchasing a Railroad: The Legal Side,” ASLRRA General Counsel Symposium, Kansas City, Missouri, November 2013.
- Speaker, “Railroad Regulatory Issues at the Surface Transportation Board,” Association of Transportation Law Professionals (ATLP) Fall Forum, Washington, D.C., October 2013.
- Speaker, “Ex Parte No. 711, Petition for Rulemaking to Adopt Revised Competitive Switching Rules," Association of Transportation Law Professionals Fall Forum, Washington D.C., November, 2012.
- Speaker, “The STB Competition Proceeding & What It May Mean to Short Lines,” American Short Line & Regional Railroad Association Southern Region Meeting, November, 2012.
- Speaker, "Access To New Traffic Through Rail Constructions, Rail Crossings, And The Railroad Industry Agreement," American Short Line & Regional Railroad Association (ASLRRA) Annual Meeting, Indianapolis, April 2012.
- Speaker, “The Common Carrier Obligation – What Is It and When Does It Apply,” American Short Line & Regional Railroad Association Annual Convention, Las Vegas, April 2009.
- "Protecting Your Privates - Controlling Access Across Your Right of Way," American Short Line and Regional Railroad Association’s Legal Tracks newsletter, Volume 3, Issue 1, April 18, 2008.