News & Analysis as of

Federal Highway Administration Public Projects

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

Nossaman LLP

The CASE Webtool: FHWA’s Powerful Tool to Help Owners Evaluate Project Delivery Methods

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When an infrastructure project takes the first steps from vague idea towards becoming a reality, public owners must make countless decisions on how to advance the project. One decision of particular importance is the...more

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

I-630 Widening/National Environmental Policy Act: Eighth Circuit Court of Appeals Addresses U.S. District Court Decision Denying...

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a December 6th opinion an appeal from a United States Court of the Eastern District of Arkansas (“District Court”) decision that denied...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

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

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

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Federal Highway Administration Publishes CM/GC Notice of Proposed Rulemaking

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On June 29, 2015, the Federal Highway Administration ("FHWA") issue a Notice of Proposed Rulemaking ("NPRM") related to the construction manager/general contractor ("CM/GC") method of contracting. The NPRM is a long-awaited...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

Federal Highway Administration Publishes New Rule for Value Engineering

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On Friday, September 5, 2014, the Federal Highway Administration (“FHWA”) published its final rule for Value Engineering (“VE”) for road and bridge projects. The new rule implements changes made to VE requirements under...more

Nossaman LLP

Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program...

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In This Issue: - AUTHOR'S ACKNOWLEDGMENTS - GUIDANCE FOR MANAGING LEGAL RISKS IN THE NEPA PROCESS ..Early Identification and Assessment of Legal Risks ..Methods for Managing Legal Risks ..Legal Risk...more

Perkins Coie

Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects

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A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See...more

Nossaman LLP

FHWA Clarifies Broad Reach of Buy America Requirements

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The Federal Highway Administration (FHWA) released two guidance memoranda in December 2012 relating to Buy America, largely in light of the amendments made by MAP-21. On December 20, FHWA clarified the Buy America...more

Nossaman LLP

FHWA Issues Interim Guidance on P3 Assessments for Major Projects

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The Federal Highway Administration (FHWA) recently issued guidance for implementing various aspects of the Moving Ahead for Progress in the 21st Century Act (MAP-21), including: Infrastructure; Environment, Planning and...more

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