News & Analysis as of


Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

Illinois Offers Competitive Freight Program Grants; Deadline for Applications is April 6, 2018

by Holland & Knight LLP on

The Illinois Department of Transportation (IDOT) has announced a competitive grant program that includes up to $225 million in funding for freight mobility projects. The Competitive Freight Program is designed to achieve four...more

Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

by Nossaman LLP on

As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more

Minnesota Legislature Convenes 2018 Session - Legal Wrangling Threatens Progress

by Stinson Leonard Street on

The 2018 Minnesota legislature kicked off at noon yesterday with no solution to the legal standoff in the Minnesota Senate over whether a Republican state senator can legally hold both her Senate seat and be lieutenant...more

Proposed CEQA Guideline for Highway Projects Promises Flexibility In the Measurement of Traffic Impacts, But Delivers Ambiguity

by Nossaman LLP on

In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric...more

White House Infrastructure Plan — Perspectives for the P3 Market

On February 12, 2018, the Trump administration released its long-awaited infrastructure plan, titled “A Legislative Outline for Rebuilding Infrastructure in America” (the Plan). In 50-plus pages, the Plan sets forth a...more

Legislative Outline for Rebuilding Infrastructure

by Holland & Knight LLP on

On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more

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

Private funds key to Trump's infrastructure plans

by Hogan Lovells on

In his first State of the Union Address to a joint session of Congress, President Donald J. Trump made investing in infrastructure a cornerstone of his vision for America....more

Infrastructure Policy Developments in Year One of the Trump Administration

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

[Webinar] An Inside Look at the NTSB: A Conversation with David Tochen - January 24th, 1:00pm ET

by LeClairRyan on

The National Transportation Safety Board (NTSB) plays a vital role in the safety of virtually all modes of transportation, including railroads, highways, shipping and pipelines. While many know that the NTSB determines the...more

California Continues to Drive Toward Lower NOx Standards for Heavy-Duty Diesels

by Latham & Watkins LLP on

On January 12, 2018, the California Air Resources Board (CARB) will conduct a public workshop regarding CARB staff’s potential amendments to California’s heavy-duty vehicle (HDV) emission warranty requirements. According to...more

Legal report on electromobility

by DLA Piper on

This report prepared within our DLA Piper Electromobility Team in Poland presents a number of issues concerning the development of electromobility and the applicable legal framework in six European countries: Germany,...more

MDOT Planning To Remove I-375 In Detroit. If History Were Different, Could A Proposal To Build It Be Challenged?

by Clark Hill PLC on

I take a run at historical fiction in light of MDOT’s plans to remove I-375 and in the process discuss necessity and public use concepts. The Michigan Department of Transportation (MDOT) recently announced that it is...more

Ninth Circuit Rejects Challenges to Arizona Highway Project

by Nossaman LLP on

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

Roadside Workers at Risk

by Howard Ankin on

U.S. roadside workers are exposed to hazardous workplace conditions that put them at high risk of serious injury and death. Each year, thousands of roadside workers are injured or killed while performing their jobs....more

Caltrans’ Ceres Interchange Project May Result in Eminent Domain

by Nossaman LLP on

With the passing of California’s new gas tax (SB1) earlier this year, local government agencies have come across a new source of funding to complete public infrastructure projects. According to an article in the Ceres...more

Rail Blocked Crossing Statute Upheld, Departing From Overwhelming Precedent

by Holland & Knight LLP on

Many states and municipalities have (or used to have) laws that limit the amount of time a railroad may block a traffic intersection. Time and again, courts have determined that these laws are preempted by either the...more

The Western States’ Plan for EV Charging Infrastructure – Lessons Learned and Things to Watch

On October 4, 2017, the Governors of a number of western states signed a memorandum of understanding (“MOU”) to lay the foundation for work on a regional electric vehicle (“EV”) infrastructure development plan called the...more

Podcast Episode 10 - Negotiating for Project Change and the National Environmental Policy Act

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 10, I share some thoughts around negotiating for a change in a project to benefit the utility of the remainder property. I also discuss the...more

Endangered Species Act/Notice of Intent to Sue: Environmental Groups Allege Violations Associated with Highway Construction

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

Ukraine: ripe for investment

by DLA Piper on

Ukraine’s infrastructure has huge potential and the increase of agricultural exports is one of the key catalysts of infrastructural development. It seems that the time is right for investment....more

RCTC Secures TIFIA Funds for Important Highway Infrastructure Project - BB&K Advised on $152.2 Million TIFIA Loan

by Best Best & Krieger LLP on

Best Best & Krieger LLP was part of a team that advised and counseled the Riverside County Transportation Commission in its successful effort to secure a $152.2 million loan from the U.S. Department of Transportation through...more

DOT Backs Away From Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: DOT has withdrawn its rulemaking on safety sensitive positions in highway and rail transportation. This week the U.S. Department of Transportation has withdrawn its March 10, 2016 Advance Notice of...more

STB Finds Arkansas City's Effort to Create New At-Grade Rail Crossing is Pre-empted

by Holland & Knight LLP on

The Surface Transportation Board (STB) has found that efforts by the city of Ozark, Ark., to force the reinstallation of a highway-rail at-grade crossing are pre-empted by federal law....more

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