News & Analysis as of

Highways Construction Project

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

Morgan Lewis - Up & Atom

EPA Reverses Course on Using Radioactive Byproduct in Road Construction

The US Environmental Protection Agency (EPA) reversed a Trump administration decision involving use of nuclear materials. On June 30, the EPA announced that it was “withdrawing, revoking and rescinding” its conditional...more

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

I-30 Widening – Reconstruction/National Environmental Policy Act: U.S. District Court (E.D. Arkansas) Addresses Request For...

United States District Judge James M. Moody (“Court”) addressed in a September 3rd Order a July 10th Motion filed by Plaintiffs seeking a preliminary and permanent injunction (“Motion”) to prohibit commencement of: . . ....more

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

I-30 Widening-Reconstruction/National Environmental Policy Act: U.S. District Court (Eastern District of Arkansas) Motion Filed...

Several individuals and community/neighborhood organizations filed a July 10th Plaintiff’s Motion for Preliminary and Permanent Injunction (“Motion”) in the United States District Court for the Eastern District of Arkansas...more

Shutts & Bowen LLP

The Corona Virus Effect – Empty Roads May Pave the Way to Help Lessen Economic Damage

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In the midst of the turmoil visited by the COVID-19 Virus, Florida’s governor announced plans to try to “lessen the economic damage” by turning its recently emptying roads into an opportunity. In conjunction with his April 1...more

Bilzin Sumberg

National P3 Update - Transportation

Bilzin Sumberg on

This installment of our National P3 Update focuses on transportation.  While the transportation sector has dominated the U.S. P3 market over the last decade, the sector has experienced stagnation since the financial close of...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Don't Tax the Messenger

Dear YouDig?, As an Ohio highway contractor we must include an incredible amount of temporary structures on our jobs and even temporary personnel from time to time. We don’t understand why we are getting popped with paying...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

Nossaman LLP

Crafting Settlement Agreements in Eminent Domain

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Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig: Special 3-part Series: Part III - Slow Down and Stop Texting You Drunken Fool

We continue our 3 part “Dear YouDig?” Series to Highlight Highway Construction Safety. Part III: Slow Down and Stop Texting You Drunken Fool - Dear YouDig?, The scene is familiar. It is night in an active road...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Special 3-part Series: Part I - Be Bright! Live in the Light

ATTENTION YOUDIG? READERS !!! IT’S ROAD CONSTRUCTION SEASON BULLETIN: Highway construction zones are among the most dangerous places on earth. Today we begin our 3 part “Dear YouDig?” Series to Highlight Highway...more

Nossaman LLP

Caltrans Must Sell Back Condemned Homes at Original Purchase Price

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More than 50 years ago, Caltrans purchased roughly 500 homes under threat of eminent domain within the planned right-of-way for the anticipated construction of the I-710 freeway (linking Monterey Park to Pasadena). ...more

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

Public Design-Build Projects in Arkansas (Part One): 30 Crossing Project Litigation

Under the Arkansas Code, the Arkansas Department of Transportation (“ARDOT”), via the Arkansas Highway Commission, can procure a transportation project using the design-build project delivery method. In fact, ARDOT is...more

Blake, Cassels & Graydon LLP

What B.C.’s New Community Benefits Agreement Means for Infrastructure Projects

The Government of British Columbia recently introduced the Community Benefits Agreement (CBA) to govern major, publicly funded infrastructure projects in B.C. Infrastructure projects that are subject to the CBA will require...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

Best Best & Krieger LLP

Federal Draft Infrastructure Bill Released - Aims To Provide Revenue To Repair Failing Infrastructure

A draft infrastructure bill, which aims to address the state of America’s infrastructure and remove some of the major federal roadblocks to funding, was introduced this week by U.S. House of Representatives Transportation &...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

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

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

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

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

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

Burr & Forman

What A Trump Card Means In The Game of Construction and Development

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Like many of you, I stayed up late on Tuesday night / Wednesday morning to watch the 2016 election returns. I dragged myself into the office after only a few hours of sleep and my phone was immediately ringing. Some clients....more

Bradley Arant Boult Cummings LLP

Status of Public Private Partnerships in Texas

In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering...more

Nossaman LLP

Court Rejects NEPA, Section 4(f) Challenges to Arizona South Mountain Freeway Project

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In a decision of national importance to the transportation community, the U.S. District Court for the District of Arizona rejected National Environmental Policy Act (NEPA) challenges and Section 4(f) challenges to the 22-mile...more

Nossaman LLP

New Alternative for Widening 55 Freeway Reduces Right-of-Way Impacts

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For years, we’ve been working with our public agency clients during the environmental and design-phase to minimize right-of-way impacts with new infrastructure projects. Yet for many agencies, property acquisitions are an...more

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