News & Analysis as of

Administrative Procedure Act Department of Transportation (DOT)

Cozen O'Connor

New Administration Slams Brakes on Defense of Federal Highway Emissions Rule

Cozen O'Connor on

The U.S. DOJ, as counsel for the Federal Highway Administration (FHWA), filed a motion with the U.S. Court of Appeals for the Sixth Circuit seeking voluntary dismissal of its appeal of a lower court decision invalidating a...more

Blank Rome LLP

LNG by Rail: The D.C. Circuit Vacates a DOT Rulemaking and Outlines a Path for Challenges Yet to Come

Blank Rome LLP on

In Sierra Club v. United States Dep’t of Transportation, a panel of the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded a final rule issued by the Department of...more

Holland & Knight LLP

The Potential Impact of the Loper Bright Decision on the NTSB

Holland & Knight LLP on

The recent U.S. Supreme Court decision in the Loper Bright case stands to have significant ramifications for various federal agencies, including the National Transportation Safety Board (NTSB or Board). The ruling centered...more

Brownstein Hyatt Farber Schreck

The Congressional Review Act: What It Is and How It Might Be Used in the 119th Congress

Republicans will soon find themselves in in control of the entire federal government—the White House, the Senate and the House of Representatives—for the first time since 2018. This new power dynamic in Washington has already...more

Holland & Knight LLP

What's Next for the Regulatory Landscape Post-Chevron?

Holland & Knight LLP on

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

Cozen O'Connor

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

Cozen O'Connor on

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

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

Auto Dismantler Exemption/Solid Waste Permitting: Supreme Court of Oregon Addresses Applicability to Scrap Metal Recycling

The Supreme Court of Oregon (“S.Ct.”) addressed in a December 7th Opinion an issue involving the “Auto Dismantler Exemption” (“Exemption”) to the State of Oregon’s solid waste permitting program. See PNW Metal Recycling, Inc....more

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

Judicial Challenge to Expressway Expansion: North Carolina Department of Transportation and Clean Air Carolina/Center for...

The Center for Biological Diversity and Clean Air Carolina (represented by the Southern Environmental Law Center) (collectively “CBD”) entered into an August 21st Settlement Agreement (“Agreement”) addressing CBD’s challenge...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Pillsbury - Gravel2Gavel Construction & Real...

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

Nossaman LLP

Recent Buy America Developments

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

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19165 - Dept. of Transportation v. White Oak Corp. - SC19165 Dissent - Dept. of Transportation v. White Oak Corp. Despite a very convoluted history, the essence of...more

Best Best & Krieger LLP

San Francisco Cannot Sue Federal Agency For Gas Explosion Under APA

Yesterday, the Ninth Circuit issued its Opinion in City & County of San Francisco v. US Department of Transportation, holding the City may not proceed against the Secretary of Transportation and the Pipeline and Hazardous...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Cases to Watch in the 2014-15 Supreme Court Term"

The Supreme Court will begin its new term on Monday, October 6, 2014. Although the Court has not yet accepted for review any headline-grabbing cases of the type we’ve seen in recent years in such areas as campaign finance,...more

Nossaman LLP

Digital Sign War Heats Up With Lawsuit By Scenic America Challenging FHWA Guidance on Sign Lighting

Nossaman LLP on

A lawsuit recently filed by Scenic America strikes at a guidance issued by the Federal Highway Administration (FHWA) in 2007 related to the use of changeable electronic variable message signs (CEVMS) also known as digital...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide