News & Analysis as of

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

Bipartisan Budget Act of 2015 Includes Pension and ACA Provisions

On November 2nd, the President signed legislation that will raise the debt ceiling through March 2017. The legislation includes important provisions relating to pension funding, PBGC premiums, and the Affordable Care...more

Bipartisan Budget Act Extends MAP-21 Pension Funding Relief and Increases PBGC Premiums

On Monday, November 1, 2015, President Obama signed into law the Bipartisan Budget Act of 2015 (the “BBA”) which brings familiar changes for sponsors of defined benefit pension plans. Similar to the Moving Ahead for Progress...more

New Safety NPRM and Recent Letter from the Acting Administrator Demonstrates FTA's Continued Implementation of Its MAP-21 Safety...

In 2012, through passage of MAP-21, Congress required the Federal Transit Administration (“FTA”) to develop a comprehensive program for safety in public transportation. FTA’s new safety mandate is in addition to its...more

FTA Provides Notice of Expedited Public Transportation Improvement Initiative

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

“DRIVE, He Said[1] ”—But When?? Congress ducks new long term transortation funding bill and adopts a three-month extension of...

Hopes that that the Congress would pass S. 1647, the Developing a Reliable and Innovative Vision for the Economy Act (DRIVE Act), a six-year, $478 billion transportation funding reauthorization bill before the August recess...more

Preventing Whistleblower Claims in the Automotive Industry

Whistleblower and retaliation claims are some of the most costly claims brought by employees and they are on the rise. OSHA, who governs complaints for over 20 whistleblower statutes, reports a 58% increase in whistleblower...more

Federal Transit Administration Proposes New State Safety Oversight Rule

On February 27, 2015, the Federal Transit Administration ("FTA") published a Notice of Proposed Rulemaking ("NPRM") in the Federal Register requesting comment on a proposed rule that the FTA believes would strengthen State...more

OSHA Publishes New Whistleblower Investigations Manual

OSHA released an updated version of its Whistleblower Investigations Manual (CPL 02-03-005) on May 21, 2015–the first update since September 2011. The manual now reflects procedures for investigating MAP-21 whistleblower...more

Transportation Equity Movement Makes Strides in the Mainstream

This year marks the 50th anniversaries of the Urban Mass Transportation Act of 1964 (UMTA) and the Civil Rights Act of 1964. It is also the 20th anniversary of President Clinton’s Executive Order 12898, addressing federal...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

Monthly Benefits Update

On August 8, President Obama signed legislation that extends certain “pension smoothing” provisions in the Moving Ahead for Progress in the 21st Century (MAP-21) Act that was signed in 2012. This pension funding relief will...more

FTA Publishes Guidance on Joint Development

Earlier this week, on August 25, 2014, the Federal Transit Administration (“FTA”) published Circular 7050.1, providing much anticipated guidance for grantees interested in pursuing joint development projects within FTA’s...more

Senate EPW Committee Unveils Surface Transportation Reauthorization Bill

The bipartisan leadership of the Senate Environment and Public Works Committee unveiled a six-year surface transportation bill last night that would maintain current funding under MAP-21 legislation expiring in September,...more

Senate MAP-21 Reauthorization Bill

The Senate Environment & Public Works (EPW) Committee released a bipartisan six-year surface transportation bill late yesterday evening. The bill, titled the MAP-21 Reauthorization Act, will be marked up by the committee on...more

Federal Surface Transportation Reauthorization: The Road Ahead

With the expiry looming of the current federal authorization for US surface transportation funding, the Obama Administration recently submitted a bill to Congress (the “Grow America” Act) proposing a four-year reauthorization...more

The Grow America Act - Obama Administration Releases Four Year Transportation Reauthorization Proposal

The U.S. Department of Transportation (DOT) has sent to Congress a $302 billion four-year surface transportation reauthorization proposal, the “Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency,...more

FTA And FHWA Issue New MAP-21 Guidance That Could Penalize Wildlife Agencies

The Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, governs Federal funding and authorization for certain surface transportation projects. Included in MAP-21 is a provision requiring all Federal...more

President Obama Announces a Proposal to Fund a Four Year Surface Transportation Bill at $302 Billion

On February 26, President Obama announced a proposal to fund a four year surface transportation bill that would increase spending by 22% for highways and 70% for transit over current levels. The White House provided a Fact...more

$50 Billion In Federal Funds Proposed To Support P3s

The U.S. Senate is currently considering legislation that would establish the “American Infrastructure Fund,” a $50 billion fund that would help finance public-private partnerships (P3s) infrastructure projects prioritized by...more

FHWA and FTA Issue New Guidance On MAP-21 Exclusions

On July 6, 2012 President Obama signed into law MAP-21, which, among other things, contained new National Environmental Policy Act ("NEPA") requirements for the Federal Transit Administration ("FTA") and Federal Highway...more

InterConnect Fall 2013

"You might be a borker if ....” While his jokes draw laughs by capitalizing on a person’s lack of self-awareness, a business that unwittingly engages in transportation brokerage is anything but a laughing matter. Federal...more

TIFIA Program Office Releases Updated Program Guidance and Templates

In other TIFIA news . . . Yesterday, the TIFIA Program Office released updated TIFIA program guidance and loan document templates that purport to reflect the July 6, 2012 enactment of MAP-21....more

TIFIA Joint Program Office to Move?

In addition to taking testimony from public agency project sponsors and industry leaders during the July 24, 2013 oversight hearing on TIFIA conducted by the Senate Committee on Environment and Public Works, the Committee...more

Senate Committee on Environment and Public Works Holds Oversight Hearing on TIFIA, Nossaman Partner Testifies

Showing concern for the TIFIA JPO’s slow pace of credit approvals for major US transportation, on July 24, 2013, the Senate Committee on Environment and Public Works conducted an oversight hearing on the implementation of the...more

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