High-Speed Projects in the United States: Identifying the Elements for Success-Part 1, MTI Report 05-01

For almost half a century, high-speed ground transportation (HSGT) has held the promise of fast, convenient, and environmentally sound travel for distances between 40 and 600 miles. While a number of HSGT systems have been developed and deployed in Asia and Europe, none has come close to being implemented in the United States. Yet this is not for lack of trying. There have been several efforts around the country, most of which have failed, some of which are still in the early stages, and a few of which might come to pass. The goal of this study was to identify lessons learned for successfully developing and implementing high-speed rail (HSR) in the United States. Through a broad literature review, interviews, and three specific case studies—Florida, California, and the Pacific Northwest—this study articulates those lessons and presents themes for future consideration

The Essential Governmental Function After National League of Cities: Impact of an Essentiality Test on Commuter Rail Transportation

The Supreme Court of the United States held in National League of Cities v. Usery that Congress had exceeded its powers under the commerce clause by enacting the 1974 amendment to the Fair Labor Standards Act. The reasoning behind the decision was that Congress was prohibited from using the commerce clause in areas which states were considered to be performing an essential government function. Because the Supreme Court did not explain precisely what is considered an essential government function, courts have been forced to make case-by-case determinations in deciding these types of cases. One area were these issues are brought to the fore is railroad employee regulation because of the essential nature of commuter rail transportation. This Note provides an examination of the National League case. It then attempts to analyze the essential government function language of the decision and formulate a coherent definition of the term. Finally, it examines the impact of the clear definition on some local regulations of commuter rail transportation