News & Analysis as of

Waivers Infrastructure

Ballard Spahr LLP

USDOT Proposes Elimination of Buy America Waiver for Federal Highway Administration-Funded Projects

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The U.S. Department of Transportation Federal Highway Administration (FHWA) on March 7, 2024, announced a proposed rule that would discontinue its longstanding Buy America waiver for manufactured products used in FHWA-funded...more

Troutman Pepper

FERC Rejects Solar Developer’s Request for Waiver of Security Posting Requirements After Using the Wrong Form; FERC Urges Tariff...

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On November 30, 2023, the Commission denied a waiver request and a request for remedial relief from Ridgeview Solar LLC (“Ridgeview Solar”). Ridgeview Solar had sought a waiver or remedial relief from the procedural deadline...more

Akin Gump Strauss Hauer & Feld LLP

OMB Issues Final Buy America Rule and Guidance for Infrastructure Projects

On August 14, 2023, the Office of Management and Budget (OMB) released a pre-publication version of final guidance implementing the Build America, Buy America Act (BABAA).The guidance adds a new Part 184 in 2 C.F.R. and...more

Pillsbury Winthrop Shaw Pittman LLP

OMB Finalizes “Build America, Buy America” Domestic Content Guidance

The Build America, Buy America Act generally requires that non-federal government infrastructure projects that benefit from federal government funding impose requirements for the use of domestic iron and steel and...more

Braumiller Law Group, PLLC

[Ongoing Program] Build America-Buy America - Part 3 - July 11th, 10:00 am - 11:30 am CST

Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more

Braumiller Law Group, PLLC

[Ongoing Program] Build America-Buy America - Part 2 - June 13th, 10:00 am - 11:30 am CST

Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more

Braumiller Law Group, PLLC

[Ongoing Program] Build America-Buy America - Part 1 - May 9th, 10:00 am - 11:30 am CST

Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more

Wiley Rein LLP

[Webinar] 2023 Federal Infrastructure Series: Build America, Buy America - April 18th, 12:00 pm - 1:00 pm EDT

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Please join us for the third episode of Wiley’s Federal Infrastructure Webinar series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the federal...more

Seyfarth Shaw LLP

What’s the Status of Buy American Requirements for Public Infrastructure Projects?

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More than a year has passed since Congress enacted the Build America, Buy America Act (“BABA”)—a sweeping change to domestic sourcing requirements for federally funded infrastructure projects. BABA, which was included as part...more

Maynard Nexsen

Transportation Moving Forward with Buy America Relief for Certain Contracts

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The landmark Bipartisan Infrastructure Law (“BIL”) is a once-in-a-generation initiative to address aging U.S. infrastructure needs and equalize greater access to public resources. While the Administration continues to move...more

K2 Integrity

Navigating the Made in America Landscape: Ensuring Compliance on Infrastructure Projects

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Passing the historic $1 trillion Infrastructure Investment and Jobs Act (IIJA) in November 2021, which allocates more than $550 billion in new infrastructure spending, was an early priority of the Biden administration. The...more

Holland & Knight LLP

White House Shares Guidance on Buy America Preference in Federal Infrastructure Projects

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The Infrastructure Investment and Jobs Act (IIJA), which included the Build America, Buy America Act (the Act), was signed into law on Nov. 15, 2021, and created a deadline of May 14, 2022, for federal agencies to ensure...more

McCarter & English Blog: Government Contracts...

I Will Find You: DOJ Uses Its Particular Set Of Skills To Enforce Domestic Preference Rules For Amtrak Projects

“Now, the next part is very important…” As scrutiny of domestic preference requirements increases in the wake of the Biden Administration’s Executive Order on Ensuring the Future Is Made in All of America by All of...more

Morgan Lewis - Power & Pipes

FERC Extends Pandemic Emergency Waivers

FERC has issued an order extending the blanket waivers of all requirements to hold meetings in person and/or to provide or obtain notarized documents in open-access transmission tariffs through January 29, 2021....more

Orrick, Herrington & Sutcliffe LLP

Texas Supreme Court: Contracting Parties Can Negate The Formation Of A Partnership Through Contractual Conditions Precedent In...

The Texas Supreme Court issued an important ruling on Friday, January 31, 2020, on the formation of partnerships where parties have provided by contract specific conditions that must be satisfied before a partnership will be...more

Best Best & Krieger LLP

Organic Waste Regulation Cost Impacts

CalRecycle Study Makes Recommendations to Local Agencies - The California Department of Resources Recycling and Recovery released a draft report of cost impacts to local agencies to implement Senate Bill 1383 and reduce...more

Robinson+Cole Data Privacy + Security Insider

Xcel Energy Receives FAA Waiver for Beyond Visual Line of Sight

Last week, Xcel Energy (Xcel), Colorado’s largest utility company, received a waiver from the Federal Aviation Administration (FAA) for drone operations beyond visual line of sight (BVLOS)....more

WilmerHale

Infrastructure Series: Border Wall Litigation Update

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This is the sixth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States. Attorneys...more

Cozen O'Connor

Hurricane Waivers and Infrastructure Funding [Maritime and Infrastructure Federal Update]

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This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update highlights: (i) the unprecedented nature of the recent Jones Act waiver, (ii) available infrastructure funding through the TIGER program, (iii)...more

Cozen O'Connor

CMS Announces Program to Fund ACO Growth, Extends Fraud and Abuse Waivers

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The Centers for Medicare & Medicaid Services (“CMS”) announced a new initiative, the ACO Investment Model, on October 15, 2014. Under the model, ACOs which are made up of “providers [who] lack adequate access to … capital”...more

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