March 10, 2025 Update (Policy Rescission)
This afternoon (March 10, 2025), Secretary Duffy rescinded policy memoranda issued by the Federal Highway Administration during the Biden administration. The now rescinded memoranda each bore the name “Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America”—the first was issued on December 16, 2021 and the second on February 23, 2023. The 2021 memorandum, in particular, attracted significant attention throughout the industry when it stated that federal transportation funding “should be used to ...
February 26, 2025 Update
As discussed in our February 4 and 10, 2025, updates, U.S. District Court Judge Loren AliKhan issued on February 3, 2025, a TRO prohibiting the Trump Administration “from implementing, giving effect to, or reinstating under a different name OMB memorandum M-25-13 freezing all federal financial assistance under open awards.” On February 25, 2025, Judge AliKhan granted a preliminary injunction, ordering as follows:
- Enjoining the Trump Administration “from implementing, giving effect to, or reinstating under a different name the unilateral ...
On January 14, 2025, the Federal Highway Administration (FHWA) announced a new final rule to end its longstanding waiver of Buy America requirements for “manufactured products” used in Federal-aid highway projects.
By way of background, FHWA’s Buy America statute was enacted in 1983 and required FHWA to ensure that all federally funded projects use only steel, iron, and manufactured products that are produced in the United States. However, at the time, FHWA determined that it would be in the public interest to waive the Buy America requirements for manufactured products ...
Hot on the heels of the financial close of the Presidio Parkway, the first California transportation public-private partnership (P3) availability payment deal and only the fourth in the United States, Federal Highway Administration’s (FHWA) Office of Innovative Program Delivery has issued guidance regarding the eligibility of periodic availability payments for reimbursement from federal aid funds. Federal-Aid Funding and Availability Payments
Recognizing that availability payment concessions can offer the benefits of enhanced performance and project cost savings ...
Nossaman’s 30-plus infrastructure attorneys offer clients, colleagues, strategic partners and industry media a wealth of practical experience, insider insight and thoughtful analysis here on Infra Insight. We blog about what we know best, from industry-leading procurements to local and national policy developments that affect the market and our clients.
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