Infra Insight Blog

In Galette v. New Jersey Transit Corporation, 146 S. Ct. 854 (2026), the United States Supreme Court held that New Jersey Transit Corporation (NJ Transit) is not an arm of the state of New Jersey and is therefore not entitled to New Jersey’s interstate sovereign immunity. This decision may have implications for how states structure and utilize state-created corporate entities going forward ... 

Since the Supreme Court invalidated the International Economic Emergency Powers Act (“IEEPA”) tariffs, refunds are on everyone’s mind.  Learning Resources, Inc. v. Trump, 607 U.S. ___, No. 24-1287 (2026).  Recent estimates are that Customs and Border Protection (“CPB”) collected between $166 billion and $182 billion in IEEPA (“reciprocal”) tariffs.  Public officials at all levels of government are demanding refunds be distributed to consumers who ultimately bore these costs ... 

The Government Accountability Office’s (GAO) annual report on federal bid protests includes useful insights into federal procurement trends that can help state and local government agencies mitigate bid protest risks. Among other findings, the GAO’s 2025 fiscal year report identified unreasonable technical evaluation, unreasonable cost or price evaluation, and unreasonable rejection of proposal as the three most prevalent reasons for sustained protests. Examining the cases identified by the GAO as exemplars for each of those reasons can help public owners understand procurement practice pitfalls that could expose them to protest ... 

The United States District Court for the Western District of Washington on January 23, 2026, granted a motion for summary judgment to 20 states and the District of Columbia (the “Named Plaintiffs”) related to the United States Department of Transportation’s (U.S. DOT) and Federal Highway Administration’s (FHWA) (collectively, the “Defendants”) suspension of the National Electric Vehicle Infrastructure Formula Program (the “NEVI Program”) funding and revocation of FHWA-approved State Electric Vehicle Infrastructure Deployment Plans (the “State Deployment Plans”), required as a prerequisite for obligation of NEVI Program funds ...