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Highways Federal Highway Administration

Jones Day

U.S. Federal Highway Administration Enacts GHG Performance Rule for On-Road Emissions on the National Highway System

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The U.S. Federal Highway Administration's ("FHWA") new rule establishing a performance-based method for measuring greenhouse gas ("GHG") emissions that are associated with transportation on the National Highway System ("NHS")...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Renewable Roadsides Act/U.S. House of Representatives: Legislation Introduced Addressing Solar Energy Development Adjacent to...

Congressman Adam Schiff (California) introduced into the House of Representatives on February 20th legislation denominated the Renewable Roadsides Act (“Act”)....more

Cozen O'Connor

Republican AGs Try to Slam the Brakes on New Federal Highway Rule

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A group of 21 Republican AGs filed a lawsuit challenging a new rule promulgated by the Federal Highway Administration (FHWA) and the U.S. Department of Transportation (DOT) that requires all states with National Highway...more

J.S. Held

What Is the Clear Zone and Why Is It Critical to Roadway Safety?

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The Federal Highways Administration (FHWA) defines a “Clear Zone” as an unobstructed, traversable roadside area that allows a driver to stop safely or regain control of a vehicle that has left the roadway. While the...more

Faegre Drinker Biddle & Reath LLP

Bipartisan Infrastructure Law: Looking Ahead at Fiscal Year 2023 and Beyond

Loan Programs Summary - When President Biden signed the Infrastructure Investment and Jobs Act, also referred to as the Bipartisan Infrastructure Law (BIL), into law in November of 2021, the law could not be fully...more

Ballard Spahr LLP

Federal Highway Administration Releases Revised Form FHWA-1273 for Federal-Aid Projects

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The Federal Highway Administration (FHWA) on July 5, 2022, released a revised Form FHWA-1273, “Required Contract Provisions Federal-Aid Construction Contracts,” the first reissued form since 2012....more

Hogan Lovells

Federal funding to advance EV charging

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On June 9, 2022, the U.S. Department of Transportation’s (DOT) Federal Highway Administration (FHWA) released an 82-page Notice of Proposed Rulemaking (NOPR) on minimum standards and requirements for projects funded under the...more

(ACOEL) | American College of Environmental...

Houston Highway Tests Biden’s Promise of Equitable Infrastructure

The Biden Administration has acknowledged the racist history of the U.S. interstate highway system and its ongoing negative impacts on many Black neighborhoods. Presidential Memorandum on Redressing Our Nation’s and the...more

Bradley Arant Boult Cummings LLP

Federal Highway Construction Funding Extended for Another Year Without Long-Term Plan in Place

One of the key refrains of national politics recently has been that we need to address, repair, and replace aging infrastructure. Of course, this leads to the core problem of funding as the amount of infrastructure...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reconstruction/National Environmental Policy Act: U.S. District Court (Eastern District of Arkansas) Complaint Filed Addressing...

Several individuals and various community/neighborhood organizations filed a May 20th Complaint for Declaratory Judgment and for Preliminary and Permanent Injunctive Relief in the United States District Court for the Eastern...more

Mitchell, Williams, Selig, Gates & Woodyard,...

I-630 Widening/National Environmental Policy Act: U.S. District Court Order Denying Motion for Temporary Restraining Order

As noted in the previous post (see post here), five individuals filed a lawsuit in the United States District Court for the Eastern District of Arkansas on July 18th addressing what they describe as construction involving the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

I-630 Widening/National Environmental Policy Act: U.S. District Court (Eastern District of Arkansas) Complaint Filed Addressing...

Five individuals filed a lawsuit in the United States District Court for the Eastern District of Arkansas on July 18th addressing what they describe as construction involving the widening of Interstate Highway 630 (“I-630...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Highway Project Repaving/National Environmental Policy Act: Is an Environmental Impact Statement Required?

The United States Court of Appeals for the Seventh Circuit addressed in a June 5th opinion whether a proposed Wisconsin highway repaving project (“Project”) should have gone through the National Environmental Policy Act...more

Robinson+Cole RLUIPA Defense

Pave it! RFRA Unlikely to Protect Sacred Burial Ground

A Federal Magistrate Judge for the United States District Court of Oregon recently issued findings and recommendations in Chief Wilder Slockish, et al. v. U.S. Federal Highway Administration, et al., concluding that federal...more

Searcy Denney Scarola Barnhart & Shipley

Tennessee Father Produces Video for Trump – To Change Dangerous Guardrail Ends

In 1995, I recall being given the opportunity to help Billy Hungerford; who was horrifically and tragically injured as a result of a defective guardrail. Since that time my law firm has handled injuries from defective guard...more

Skadden, Arps, Slate, Meagher & Flom LLP

Infrastructure Policy Developments in Year One of the Trump Administration

Despite campaign promises of a $1 trillion infrastructure investment plan during the first 100 days of the Trump administration, no infrastructure bill materialized in 2017. While President Donald Trump continues to state...more

Nossaman LLP

Ninth Circuit Rejects Challenges to Arizona Highway Project

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On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Notice of Intent to Sue: Environmental Groups Allege Violations Associated with Highway Construction

The Center for Biological Diversity (“CBD”) sent an October 16th Notice of Intent to Sue for Violations of the Endangered Species Act (“ESA”) in regards to the Longmeadow Parkway, Huntley Road and Illinois Route 62...more

K&L Gates LLP

FHWA Proposes Bold Transportation Performance Measures to Reduce Carbon Emissions

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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

Troutman Pepper

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

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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

Troutman Pepper

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

Troutman Pepper 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

Nossaman LLP

Congressman Delaney Talks Infrastructure Funding at IBBTA Conference

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On March 31, 2015, Congressman John K. Delaney (D-MD) spoke at the Washington Briefing of the International Bridge, Tunnel and Turnpike Association (IBBTA) in Washington, DC. At the event, Congressman Delaney provided an...more

Nossaman LLP

This Proposed Rulemaking Should be Mandatory Reading for All Public Transportation Agencies

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On November 24, 2014, the Federal Highway Administration (FHWA) published a proposed rule that would amend the regulations governing how Federal grant recipients acquire, manage, and dispose of real property. Thus, the...more

Dorsey & Whitney LLP

Public–Private Partnerships Core Toll Concessions Contract Guide

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On September 10, 2014, the Federal Highway Administration (“FHWA”) published its final Model Public – Private Partnerships Core Toll Concessions Contract Guide (“Guide”) presenting key concepts for the structuring and...more

Nossaman LLP

Nossaman Partner Provides Expertise to NCHRP's Second Volume Addressing Management of NEPA-Related Risks in Project Delivery

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The Transportation Research Board of the National Academies (“TRB”) has released its second volume of guidance addressing risks in project delivery, including risks associated with the National Environmental Policy Act...more

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