Department of Transportation (DOT)

News & Analysis as of

Commercial Trucking Accident – The tragedy of driver fatigue

There are few things more disturbing when traveling on Americas highways than passing by a horrible accident scene involving an 18 wheeler. The images of a minivan, crushed and twisted to the point of being barely...more

Big News for Veteran-Owned Small Businesses

Last week, the House of Representatives voted to amend the Department of Transportation’s (“DOT”) definition of Disadvantaged Business Enterprises (“DBEs”) to include Veteran-Owned Small Business Concerns (“VOSBs”). This was...more

Federal Transportation Update: Highway Extensions, Buy America Waivers and Rulemakings

Two Week Highway Trust Fund Extension While Conference Takes Place - Congress agreed to extend the Highway Trust Fund by two weeks until Dec. 4 so that House and Senate conferees could meet to craft a final version of...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - November 2015

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the Justice Department’s antitrust lawsuit against United Airlines and Delta Air Lines seeking to block the carriers’ proposed slot swap at Newark, DOT’s...more

Extreme Weather and Climate Change: How DOT’s and MPO’s are Managing the Risks

If you are a company that relies on roads, rail, pipeline, air, or barge to move products, people, or supplies, or a transportation planner charged with the maintenance or smooth running of the transportation system, chances...more

DOJ Files Lawsuit to Prevent United Airlines from Extracting a Higher Premium at Newark Airport

United Airlines has come under increased antitrust scrutiny during the latter half of 2015. As we previously reported the U.S. Department of Justice (“DOJ”) is investigating an alleged passenger-capacity conspiracy between...more

Autonomous Vehicles (Part 2) - The Capabilities and Liabilities of Self-Driving Cars

On November 6, 2015, Toyota announced that it plans to invest $1 billion in a Silicon Valley research center for artificial intelligence. On November 10, Volkswagen said it had hired away from Apple its lead expert on...more

Arizona Department of Transportation Receives Three Proposals for South Mountain Freeway P3 Project

A crucial highway improvement for the growing Phoenix region reached an important milestone November 2 when the Arizona Department of Transportation received proposals from all three short-listed teams vying to develop the...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Fundamental Evidentiary Issues – Avoiding Exclusion of Your Opinion of Value and Comparable Sales

In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: Before we delve into the case, here’s a basic reminder of California law...more

Senate committee examines unmanned aircraft system safety, privacy concerns

The Senate Appropriations Subcommittee on Transportation, Housing, and Urban Development and related agencies held an Oct. 28, 2015 hearing on “Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System...more

AASHTO Launches BATIC Institute to Support Innovative Financing Solutions

Last month, the United States Department of Transportation (USDOT) formally unveiled its Build America Transportation Investment Center (BATIC). BATIC’s mission is to: - Expand the use of federal transportation credit...more

DOT and FAA hope to release new drone registration requirements very soon

“Registering unmanned aircrafts will help build a culture of accountability and responsibility, especially with new users who have no experience operating in the U.S. aviation system. It will help protect public safety in the...more

Alert: DOT/FAA Announce Study of UAS Registration Requirements with Adoption Likely to Follow

Department of Transportation Secretary Anthony Foxx has announced the establishment of a multi-stakeholder taskforce to develop recommendations on the registration with the FAA of unmanned aerial vehicles ("UAVs") or...more

FAA to Broaden Registration of Drones in Effort to Increase Safe Operations

U.S. Transportation Secretary Anthony Foxx and Federal Aviation Administration (FAA) Administrator Michael Huerta announced a plan this week that will require all owners of small Unmanned Aircraft Systems (UAS) to register...more

Activists Make Good on Promise to Sue DOT over Pipeline Regs.

On October 8, the National Wildlife Federation (“NWF”) fulfilled its promise to sue the U.S. Department of Transportation (“DOT”). The lawsuit alleges that for 20 years the DOT has allowed pipelines to operate illegally by...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 16, 2015

REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more

PHMSA Proposes to Expand the Requirements for Pipelines Carrying Hazardous Liquids

The rules would add gathering lines and pipelines in non-HCA areas. On October 13, the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Proposed Rule that would...more

Environmental Update – Proposed Hazardous Waste Rule for Pharmaceuticals

On August 31, 2015, the EPA proposed new regulations for the management of hazardous waste pharmaceuticals at healthcare facilities. First and foremost, the proposed rule prohibits the flushing of any hazardous waste...more

Where to Draw the Line: HR’s Role in Disciplinary Decisions

In the recent case of Ramphal v. Department of Transport (DoT) the tricky question of where HR should draw the line in a disciplinary matter between guiding the decision-maker on the right decision, and making that decision...more

USDOT’s Takeover of DC Metro Safety Program – Desperate Measure for a Desperate Time

In the face of repeated safety tragedies, a hyper-critical National Transportation Safety Board report, and general customer uneasiness, Secretary Foxx’s recent decision to have the Federal Transit Administration (FTA) assume...more

Risk or Reward? Using Drones on Your Construction Project

In this week’s issue of ENR, technology writer Luke Abaffy details the use of drones by Minnesota Department of Transportation (MnDOT) to conduct bridge inspections....more

More Managed Lanes For California

California has long been a transportation innovator, whether battery powered cars, high speed rail or the home of the first managed lanes facility in the United States—the SR91 Express Lanes. The SR91 Express Lanes opened in...more

Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases

Last week, the Third Circuit issued a decision that could have major ramifications for sentencing in federal fraud cases. United States v. Nagle dealt with a fraud perpetrated against the Department of Transportation’s...more

Virginia Supreme Court Expands Scope of UM/UIM Coverage

In an opinion issued on September 17, 2015, Est. of Slone v. Selective Ins. Co. of America, et al., the Virginia Supreme Court effectively expanded the scope of UM/UIM coverage in Virginia. Slone was filed as a declaratory...more

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