Infra Insight Blog

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This afternoon (March 10, 2025), Secretary Duffy rescinded policy memoranda issued by the Federal Highway Administration during the Biden administration. The now rescinded memoranda each bore the name “Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America”—the first was issued on December 16, 2021 and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 ...

Transit authorities across the nation rely on the Capital Investments Grants (“CIG”) program administered by the Federal Transit Administration (“FTA”) to fund major capital expenses for expansion and core capacity projects. The CIG program is codified at 49 U.S.C. § 5309, and FTA currently administers the program in accordance with its “Final Interim Policy Guidance” published in June 2016.

The recently enacted Infrastructure Investment and Job Act (P.L. 117-58; “IIJA”) amended the CIG program statute. Consequently, FTA has prepared initial guidance on ...

The Infrastructure Investment and Jobs Act or “IIJA” (P.L. 117-58) passed on a bipartisan basis in both the House and Senate and was signed by the President one month ago today, on November 15, 2021. One could have assumed that federal agencies would begin allocating the new funding and commence implementation of the IIJA as soon as it became effective. Unfortunately, that is not the case, but for reasons that may not be readily apparent.

The federal government is actually constrained in its ability to implement the IIJA because it is currently funded and operating under a ...