Partner
1001 Connecticut Avenue NW, Suite 800
Washington, DC 20036
Telephone: (202) 955-5600
Fax: (202) 955-5616
Cell phone: (301) 651-3629
cspitulnik@kaplankirsch.com
Vcard

Charles A. Spitulnik is a versatile attorney with more than 25 years experience in the practice of law, including extensive experience in transportation, major transactions, federal regulatory practice, and litigation. He also has experience in general corporate matters, labor and employee relations. He has management and operating experience as President and Chief Operating Officer of a railroad industry car management firm.

In recent years, his practice has been devoted primarily to work in various facets of the rail industry with a particular focus on representation of state and local governments that have issues involving interaction with the railroads that serve their communities. This includes developing plans for new, continuing or expanding commuter rail and transit service, as well as other issues related to the presence of the railroads in the community. For commuter rail and transit operators, this work includes assessing how to identify and then secure rights of way, selection and negotiation with operators of the commuter service, and addressing regulatory, labor, and other issues that arise in the development and operation of urban rail systems. Where transit systems propose to share tracks with freight railroads, he advises the systems on compliance with Federal Railroad Administration rules and has secured waivers of those rules where the shared use involves "non-compliant" vehicles using the same tracks as freight or traditional passenger operators. He has negotiated with freight railroads and Amtrak on the acquisition of ownership or other rights to use rights-of-way as well as on arrangements for shared use of the corridors or tracks by freight, intercity passenger, regional/commuter passenger and light rail/transit operations. In addition, he has assisted these governments in addressing environmental, competitive, service quality and other issues.

Among other clients, Mr. Spitulnik has represented or advised state or local governments, including transit and rail authorities, in Southern California, Baltimore-Washington, South Florida, Vermont, Denver, Cleveland, New York City, Alexandria, VA and King County, WA.

His practice also includes assisting freight carriers in the planning and submission of transactions which require governmental approval. He has expertise in railway and airline labor law, both under the Railway Labor Act and the Interstate Commerce Act, in leasing and other issues related to rail equipment acquisition and ownership, and in regulation of rail equipment pools. He also has represented shippers and short line railroads in all aspects of the transactional and regulatory process. He practices frequently before the Surface Transportation Board, and advises clients about compliance with and securing waivers from Federal Railroad Administration rules.

Mr. Spitulnik has a broad background of experience that includes extensive representation of clients in the transportation industry and tenure as President and Chief Operating Officer of Fleet Management, Inc., and partnership in a major Chicago and Washington, D.C. law firm.

Recent Publications and Seminars

    Publications
  • "Use of Freight Rail Lines for Commuter Operations: Public Interest, Private Property", with Jamie P. Rennert, 26 Trans. Law J. 319 (Summer 1999)
  • "Peaceful Coexistence Between Local Governments and Freight Rail Lines: An Impossible Dream", with Jamie P. Rennert, 40 Municipal Lawyer No. 1 at 10 (January/February 1999)

    • Seminars

  • "ADA Rulemaking Update", American Public Transportation Association Legal Affairs Seminar, San Antonio, TX (February 2008)
  • "Rail Law 101: A Primer", American Public Transportation Association Legal Affairs Seminar, San Antonio, TX (February 2008)
  • "Commuter Rail Update," with Allison I. Fultz, Association of Transportation Law Professionals Annual Meeting, Williamsburg, VA (June 2008)

Education and Clerkships

  • B.A., with high honors, Oberlin College
  • M.S.W., Syracuse University
  • J.D., University of Virginia

Bar Admissions

  • District of Columbia
  • Virginia
  • Maryland
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fourth Circuit
  • Many Federal District Courts, Court of Appeals

Professional and Civic Activities

  • Association of Transportation Law Professionals (Editor, Highlights Commuter Rail Column; Treasurer, DC Chapter)
  • The Musical Theater Center, Rockville, MD (Member Board of Directors, 1999 - Present, President 2002 - 2005)
  • Washington Waldorf School, Bethesda, MD (Board of Directors, 1998 - 2004, Chairman 1999 - 2003)