Transportation Updates

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OPR Speaks to the Impact of Proposed New CEQA Guidelines

As discussed by the California Planning and Development Report, Chris Calfee, counsel at the Governor’s Office of Planning & Research, has indicated that lead agencies will no longer be able to use General Plan congestion...more

Planet of the Drones: The Evolution of Privacy Laws in Light of Emerging Drone Technology

Unmanned Aerial Systems (UAS), more popularly known as drones, are a complex and transformative technology that has demonstrated its value in military applications across the globe. Although the Federal Aviation...more

Is the U.S. Prepared Legally and Operationally to Protect Its Arctic Interests?

The answer to this question is a resounding “no.” The U.S. is not prepared to protect its interests in the Arctic over the next decade. The primary legal regime that is being relied upon by all members of the Arctic...more

Wrap-Up of Federal and State Chemical Regulatory Developments (September 2014)

Health Activists' Petition Seeks Sunset Of CBI Claims: On August 21, 2014, six environmental health organizations filed a petition under Section 21 of the Toxic Substances Control Act (TSCA). The petition urges the U.S....more

House Subcommittees Hold Joint Hearing On Characteristics Of Bakken Crude Oil

On September 9, 2014, the House Science, Space, and Technology Subcommittees on Energy and Oversight held a joint hearing entitled Bakken Petroleum: The Substance of Energy Independence. The hearing examined the...more

From the Transportation Archives: The Perfect Storm: The Parameters of a Successful “Act Of God” Defense in Freight Claims

Federal and state law have long established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight damage, loss, or delay in question. This “Act of God” defense is available...more

Six Regional Projects Awarded Federal Funding

Good news California: local projects are continuing to receive federal funding. Caltrans announced last week that the U.S. Department of Transportation has granted nearly $35 million in TIGER funds to six local and regional...more

Drone Technology Generates Significant Legal Buzz

Overseas, the military is unrestricted in its use of UAVs for routine surveillance purposes. No fourth amendment considerations are raised during battle. No search warrants need be obtained, trespassing laws are not adhered...more

If it doesn’t matter, pay up! The High Court keeps a broad interpretation of Section 54

Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 - The High Court today handed down a decision concerning Section 54 (1) of the Insurance Contracts Act. The decision is important for many insurers, particularly those...more

FHWA Publishes Core Toll Concession P3 Model Contract Guide

The FHWA published its final Core Toll Concessions P3 Model Contract Guide (“Guide”) on September 10, 2014 as part of its mandate under MAP-21 to develop “standard public-private partnership transaction model contracts for...more

Texas Railroad Commission Proposes New Rules Related to Pipeline Eminent Domain Claims

The November 2011 issue of the Energy Newsletter addressed the case of Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, in an article titled Texas Supreme Court Ruling May Slow the Installation of Certain...more

Texas Environmental Update

Proximity to Natural Gas Wells and Reported Health Status: Results of a Household Survey in Washington County, Pennsylvania Environmental Health Perspectives, September 10, 2014 - "We conducted a hypothesis...more

Florida Department of Transportation Reaches Commercial and Financial Close on I-4 Ultimate Project

The Florida Department of Transportation reached commercial and financial close on the I-4 Ultimate Project in the urban Orlando area. The $2.3 billion deal is the third transportation P3 project in Florida developed through...more

Highlights from the Build America P3 Infrastructure Investment Summit

Note: This is an update to our prior posts tracking the Administration unveiling of its plan to deploy approximately $50 billion dollars of private capital designated for improved U.S. infrastructure The Obama...more

Should Google’s “Driverless” Cars Require Code of Ethics Training?

Remember back in elementary school, when the teacher had you draw what you thought life would be like in 15 years? People living on Mars and flying automobiles dominated my adolescent thoughts. Fast forward 14 years later,...more

Renewable Energy Update -- September 2014

Renewable Energy Focus - Communities going into power business to cut cost, carbon footprint: Los Angeles Times - Aug 1: Sonoma County is at the forefront among eco-minded communities plunging into the power business...more

Maxwell v Highway Hauliers – High Court Judgment Delivered – s54 does its work

The long awaited judgment of Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 was delivered by the High Court of Australia only moments ago....more

Congress Returns From August Recess

Congress returns this week from a five week district work period for approximately ten legislative days before departing Washington again in late September to campaign for the November midterm elections. Although the...more

Recent FERC Orders Address the Jurisdictional Status of LNG Facilities Targeting Vehicular Fuel, Marine, High Horsepower Engine...

North America’s new-found wealth in natural gas is driving energy industry participants to seek out new markets for the suddenly abundant fuel. Among these are markets for vehicular and marine fuels, other applications...more

PHMSA Proposes Regulations Claimed to Make Business Easier for Retailers and Transporters and Finalizes a Regulation that Could...

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published two proposed regulations that may positively affect retailers and transporters, if implemented as proposed. In addition, PHMSA finalized a...more

Federal Highway Administration Publishes New Rule for Value Engineering

On Friday, September 5, 2014, the Federal Highway Administration (“FHWA”) published its final rule for Value Engineering (“VE”) for road and bridge projects. The new rule implements changes made to VE requirements under...more

The Long Haul To Sustainability

Those markets include China, where Airbus has an A320 final assembly line at Tianjin, countries across South-East Asia, Japan and Australia. For Airbus, forming close collaboration with players in the Asia Pacific region is...more

Texas Railroad Commission Proposes Regulation to Address Earthquake Risks from Disposal Wells

In the August 29, 2014 issue of the Texas Register (39 Tex. Reg. 6775), the Railroad Commission of Texas proposed several amendments to the regulations governing saltwater and other oil and gas waste disposal (SWD) wells (16...more

Drone on Drones: Government Regulation of Drones in Law Enforcement

While a controversial proposed state bill that would restrict law enforcement agencies’ use of drones is drawing criticism, the federal government is also tackling ways to regulate the use of this new technology. These...more

English Appellate Court Dismisses Appeal Of Judgment Declaring No Liability Under A Cargo Liability Reinsurance Policy

A judgment found that certain Lloyd’s reinsurers were not liable to cover the destruction of cargo on board a vessel that capsized in the Philippines during a Typhoon. The trial court relied on a typhoon warranty clause...more

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