News & Analysis as of

Federal Highway Administration

Green Cars: Reducing Range Anxiety and Increasing Incentives

by Snell & Wilmer on

The “green car” market is growing. Tesla may lead the way in luxury, but almost all auto manufacturers are investing significantly in plug-in electric vehicles (EV(s)). Policy, law, and regulation must change as the EV market...more

An Update on the M22 Road Sign Dispute

A brief update on my post last year regarding the “M22” road sign trademark lawsuit, Michigan v. M22 LLC, No. 1:16-cv-01084 (W.D. Mich.)...more

NEPA Victory for Freeway Infrastructure Project in Riverside County - BB&K Team Represents RCTC in Mid County Parkway Project...

by Best Best & Krieger LLP on

Best Best & Krieger LLP environmental attorneys successfully defended a freeway infrastructure project in Riverside County from a series of challenges brought under the National Environmental Policy Act. Partners Michelle...more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Court Grants Challenge to Agency’s Corrective Action in Response to Protest

by PilieroMazza PLLC on

A recent court decision may provide other disappointed offerors a pathway for challenging agencies’ corrective action that unreasonably favors the original contract awardee. In Professional Service Industries, Inc. v. U.S.,...more

Court of Federal Claims Puts Corrective Action Under the Microscope

In a recently released bid protest decision that could spell trouble for federal agencies, the Court of Federal Claims rejected as unreasonable the Federal Highway Administration’s (“FHWA”) proposed corrective action in an...more

US designates alternative fuel corridors for transportation

by PretiFlaherty on

U.S. federal highway administrators have announced the designation of 55 routes as "alternative fuel" corridors, capable of accommodating electric vehicles or those powered by hydrogen, propane, or natural gas. The...more

Is the Golden State about to Fumble Away a Golden Program?

by Beveridge & Diamond PC on

Streamlining environmental reviews of highway projects and fixing state highway issues faster with reduced costs, have all proven successful under the NEPA Assignment Program (Program) that California entered in 2007. In...more

Michigan v. M22: The Road Sign Trademark Battle

If you’ve ever driving north through Michigan, particularly during the autumn leaf season, I highly recommend taking the popular “scenic route,” that is, the route bordering the shore of Lake Michigan along the Leelanau...more

Courts of Appeals Issue Highway Beautification Act Decisions

Two Court of Appeals, one in the District of Columbia and the other in Texas, issued opinions regarding the federal Highway Beautification Act, 23 U.S.C. § 131 (HBA) and its state counterpart, the Texas Highway Beautification...more

FHWA Proposes Bold Transportation Performance Measures to Reduce Carbon Emissions

by K&L Gates LLP on

Perhaps only by coincidence, on April 22—“Earth Day”—the Federal Highway Administration (“FHWA”) published a Notice of Proposed Rulemaking (“NPRM”) that, for the first time, would set performance measures for greenhouse gas...more

Big Changes With LIttle Fanfare: The FHWA Proposes to Use GHG Emissions as a Performance Measure

This week, the Federal Highway Administration issued a Noticed of Proposed Rulemaking to promulgate performance measures to be used in evaluating federal funding of transportation projects. The requirement for performance...more

Save the MAMILs - Cyclist Injury & Death Statistics

by Lewitt Hackman on

According to a recent government report, MAMILs (Middle Aged Men In Lycra) are the likeliest of all age groups and genders to be killed or seriously injured while riding a bicycle....more

California Environmental Law & Policy Update - January 2016 #4

by Allen Matkins on

Environmental and Policy Focus - States ask Supreme Court to block Obama carbon emissions plan - Reuters - Jan 26 - A group of states led by West Virginia and Texas asked the U.S. Supreme Court to stay...more

FTA and FHWA Buy America Updates

by Nossaman LLP on

Public agencies are routinely facing Buy America requirements in their infrastructure projects. Some of the most difficult situations involve how to satisfy Buy America obligations with public utility relocations. The rules...more

Recent Buy America Developments

by Nossaman LLP on

At the end of 2015, two modal administrations of the United States Department of Transportation (US DOT) have encountered changes to their Buy America programs. Both the Federal Transit Administration (FTA) and the Federal...more

Historic FMCSA E-Logging Rule Met With Immediate Challenge in the Seventh Circuit

by McGuireWoods LLP on

In an action immediately challenged in court, the Federal Motor Carrier Safety Administration (FMCSA) finalized a long-anticipated rule (the “ELD Rule”) to require use of electronic logging devices (ELDs) by all drivers...more

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

by Beveridge & Diamond PC on

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

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

by Pepper Hamilton LLP on

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Risk or Reward? Using Drones on Your Construction Project

by Burr & Forman on

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

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

by Pepper Hamilton LLP on

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

FTA Provides Notice of Expedited Public Transportation Improvement Initiative

by Nossaman LLP on

Federal Transit Administration (“FTA”) grants fund billions of transit-related projects throughout the United States. In an effort to improve the project delivery process for those projects, the FTA on September 3, 2015,...more

Tax Policy Update: The Emerging Fall Fiscal Cliff

If you read one thing... - Congress’ tax and budget challenges include funding the government for FY 2016 and a required federal debt ceiling increase to avoid catastrophic default on the nation’s debt. These legislative...more

Federal Highway Administration Publishes CM/GC Notice of Proposed Rulemaking

by Nossaman LLP on

On June 29, 2015, the Federal Highway Administration ("FHWA") issue a Notice of Proposed Rulemaking ("NPRM") related to the construction manager/general contractor ("CM/GC") method of contracting. The NPRM is a long-awaited...more

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