Donald Itzkoff is an attorney with extensive legal and public policy experience in transportation and infrastructure. He provides public and private clients with legislative, regulatory, and strategic advice to advance their transportation initiatives, with a focus on surface transportation.
Mr. Itzkoff served under two transportation secretaries as deputy administrator of the Federal Railroad Administration, where he was the agency's chief operating officer with responsibility for railroad safety enforcement and regulation, and rail funding and policy including development of the Next Generation High-Speed Rail program. Prior to his tenure with FRA, Mr. Itzkoff was majority senior counsel to the U.S. Senate Committee on Commerce, Science, and Transportation, with staff responsibility for all surface transportation matters under the committee's jurisdiction.
Mr. Itzkoff offers clients effective advice based on an extensive knowledge of the political, legal, legislative, and regulatory processes governing transportation. He helps clients define and achieve their business and strategic goals in a sector where government's role is critical. Mr. Itzkoff is the author of a seminal book on passenger rail in the United States and frequently writes and speaks about transportation issues and challenges with an emphasis on rail.
Representative Work
Funding and Policy Advice
Advised national association of state DOTs and individual state members including a leading Western high-speed rail authority on issues associated with implementation of and competition for new federal high-speed and intercity passenger rail grants.
Successfully advocated on behalf of local governments served by a Class I freight railroad for more than $20 million in infrastructure safety funds included in the 2005 SAFETEA-LU surface transportation reauthorization. A further $12 million in funding was also included in the 2008 SAFETEA-LU technical corrections measure.
Counseled two state highway police agencies on behalf of a major international global automotive supplier securing federal funds to demonstrate and deploy the client's homeland security and safety communications equipment.
Counseled a leading U.S. transportation architecture and engineering firm on innovative finance mechanisms and funding sources for rail and transit projects as part of the client's strategic plan for SAFETEA-LU.
Assisted clients during reauthorization of Amtrak and rail safety legislation in achieving favorable outcomes.
Regulatory and Legal Counseling
Advised leading Western high-speed rail authority on safety regulatory and federal grant issues.
Assisted a California commuter rail agency in securing a comprehensive jurisdictional statement by U.S. DOT through the rulemaking process. A California state court of appeals relied upon the statement to overturn an unfavorable district court ruling on federal preemption.
Assisted a Canadian technology manufacturer in clarifying U.S. DOT regulatory oversight of the client's new remote-controlled locomotive equipment.
Advised a major homeland security contractor on U.S. DOT hazardous material regulations applicable to air transport of lithium batteries.
Counseled a European-based rail and transit equipment manufacturer on U.S. flag carrier requirements applicable to railcar shipments.
Provided regulatory advice to a transportation architecture and engineering firm, contracted by a Midwest airport, to relocate a railroad for as part of a runway extension.
Assisted an industrial plant railroad facing an unsupported notice of violation for an alleged infraction of federal hazardous materials transportation safety regulations. The regulatory agency reversed the violation.
Provided legislative and strategic advice to a railroad freight express carrier in litigation with Amtrak, helping to facilitate a favorable settlement of the lawsuit.
Advised a transportation engineering firm on federal regulatory safety issues associated with proposed patent claims for new rail car designs.
Strategic Assistance
Strategic counsel to and co-founder of the OneRail Coalition, a diverse coalition of major rail stakeholders including associations representing freight railroads, public transportation authorities, states, and suppliers, and rail labor advocating increased public investment in rail.
Advised a Northern Virginia technology firm in its successful bid for a $67 million extension to a federal rail safety and R&D services contract.
Provided strategic advice and counseling to a European-based global rail equipment supplier pursuing a $1 billion Midwest intercity rail rolling stock procurement.
Advised a technology venture firm on regulatory issues associated with new in-vehicle navigation and emergency alert technology.
Successfully assisted an advertising start-up to secure exclusive agreements for rail car advertising with a Midwestern utility and a Florida-based freight railroad. Assisted with organizing the successful advertising campaign featuring major league baseball players promoting rail safety education.