How the $1.2 Trillion Infrastructure Plan Affects Texas
DOT’s Disadvantaged Business Enterprise Program: What Large and Small Construction Contractors Need to Know
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
Congressman Adam Schiff (California) introduced into the House of Representatives on February 20th legislation denominated the Renewable Roadsides Act (“Act”)....more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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