Hocky  eric

Eric M. Hocky



Two Commerce Square
2001 Market St, Suite 2620
Philadelphia, PA 19103
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Fax: +12156408501
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J.D., cum laude, Harvard Law School, Cambridge, Massachusetts, 1981
B.A., magna cum laude, University of Pennsylvania, Philadelphia, Pennsylvania, 1978
State Bar Licenses
Court Admissions
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, District of Columbia Circuit
U.S. District Ct., E.D. of Pennsylvania

Eric M. Hocky


Eric M. Hocky represents railroads and other transportation interests on a variety of regulatory and commercial matters including mergers, acquisitions of rail lines, and construction of new rail lines, as well as abandonments and conversions of rail lines to trails.

Eric serves railroad clients involved in short line and regional railroads, as well as holding company families of railroads and railroad startups. Eric regularly appears before the Surface Transportation Board and counsels on other regulatory requirements including Railroad Retirement and safety requirements. In connection with commercial matters, he negotiates a variety of contracts between railroads, as well as between railroads and shippers and suppliers.

Dealing with railroad real estate can present unique issues. Eric counsels clients on real property issues that arise in the course of acquisitions and in connection with the abandonment and transfer of rail lines, as well as those which arise in connection with the licensing and leasing of railroad property.

In financing transactions, Eric advises 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.

He has litigated transportation matters 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, and judicial review of a variety of agency orders.

Recipient, Association of Transportation Law Professionals Presidential Award for Exceptional Service, 2008, 2009, 2013
Association of Transportation Law Professionals, Member (President, 2009-2010; Board, 2005-2016)
American Short Line and Regional Railroad Association, Associate Member (General Counsel Committee, Chair, 2014-2016)
Pennsylvania Bar Association
Philadelphia Bar Association
American Bar Association
Newsletter Alerts
Storing Crude Oil: Do Rail Tank Cars Become EPA-Regulated Storage Vessels?Storing Crude Oil in Rail Tank Cars Requires an Understanding of Federal HazMat Regulations
"Concerns Raised over PHSMA Proposed Crude-by-Rail Rule," E-Alert, November 2014"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, 2008Eric Hocky Comments in Railway Age on Long-time Client’s Receipt of Award for Distinguished Service to Rail IndustryEric Hocky in Aspen Daily News' "RFTA will seek federal opinion on its railroad 
corridor options"
Speaker, “Local Regulation of Railroads: Guidance for Municipal Attorneys on Navigating the Complexities of Federal Preemption,” Strafford live webinar, August 11, 2020 & April 11, 2019Speaker, “Hot! Hot! Hot! Legal Topics, Ask The Experts,” ASLRRA Annual Meeting, Orlando, Florida, April 2019Speaker, “Railroad Law 101 (Preemption for Transit Attorneys),” APTA Legal Affairs Seminar, New Orleans, Louisiana, February 2019Speaker, “Grade Crossings and Bridges: Who Pays? Who Maintains?” ASLRRA General Counsel Symposium, Kansas City, Missouri, November 2017Moderator & Speaker, "Managing Today's Oversupply of Railcars,” ASLRRA Annual Meeting, National Harbor, Maryland, April 2016Speaker, “PTC: The Bad and the Ugly (Jury is Out on the Good),” ASLRRA General Counsel Symposium, Kansas City, Missouri, October, 2015Speaker, “Handling HazMat: Controlling What You’re Hauling,” ASLRRA General Counsel Symposium, Kansas City, Missouri, October, 2014Speaker, “Selling & Purchasing a Railroad: The Legal Side,” ASLRRA General Counsel Symposium, Kansas City, Missouri, November 2013Speaker, “Railroad Regulatory Issues at the Surface Transportation Board,” Association of Transportation Law Professionals (ATLP) Fall Forum, Washington, D.C., October 2013Speaker, “Ex Parte No. 711, Petition for Rulemaking to Adopt Revised Competitive Switching Rules," Association of Transportation Law Professionals Fall Forum, Washington D.C., November, 2012Speaker, “The STB Competition Proceeding & What It May Mean to Short Lines,” American Short Line & Regional Railroad Association Southern Region Meeting, November, 2012Speaker, "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 2012Speaker, “The Common Carrier Obligation – What Is It and When Does It Apply,” American Short Line & Regional Railroad Association Annual Convention, Las Vegas, April 2009