Testified in Federal District Court on behalf of the City of West Palm Beach, which was sued by a railroad claiming that federal preemption prevented the City from enforcing zoning restrictions on land the railroad leased to one of its customers.  The City won the case and the judge quoted Dick Schiefelbein�s testimony extensively in his reasoning.  (110 F.Supp.2d 1367)

Presented a verified statement to the Surface Transportation Board on behalf of the Riverview Trenton Railroad Company in its application to create a railroad to handle intermodal shipments for industries located in Detroit, particularly those related to the automobile industry.  The verified statement described a similar neutral intermodal terminal in Houston and  and similar terminal switching operations, concluding that the proposal put the two concepts together in a unique transportation service offering. Riverview Trenton Railroad was given permission to operate a railroad; the decision cited Dick Schiefelbein's verified statement on the competitive benefits of independent terminals like that proposed in the proceeding. (Surface Transportation Board Finance Docket No. 34040)

Prepared an affidavit submitted in Federal District Court on behalf of the Norfolk Southern Railway Company in its suit against the City of Maple Heights, Ohio, which had attempted to enforce its noise ordinance against an intermodal container loading facility operated by the railroad.  Dick Schiefelbein's affidavit stated that the activities at the facility were part of Norfolk Southern's railroad operations and were typical of railroad intermodal operations elsewhere in the country.  Because these were railroad operations, the City was preempted from enforcing its local regulations against the railroad.  The granted Summary Judgment in favor of the railroad. (United States District Court for the Northern District of Ohio, Eastern Division, Case No. 1:02CV1468, Judge Patricia A. Gaughan)