News & Analysis as of

Department of Transportation (DOT)

Benesch

Regulatory Housekeeping: U.S. DOT Regulatory Easing Includes FMCSA Final Rules and Proposed Rules

Benesch on

On May 29, 2025, the U.S. Department of Transportation (“DOT”) announced a wide range of deregulatory actions seeking to lower the operational burden and cost of compliance. ...more

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

Seyfarth Shaw LLP on

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

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

National Electric Vehicle Infrastructure Formula Program: Environmental Organizations Complaint for Intervention Challenging U.S....

Several environmental organizations filed a May 23rd Complaint-in-Intervention of Public Interest Organizations (“Complaint”) against the United States Department of Transportation in the United States District Court for the...more

Parker Poe Adams & Bernstein LLP

Department of Transportation English Proficiency Guidance Takes Effect in Late June

Last month, President Donald Trump signed an executive order directing the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) to begin enforcement of English language proficiency (ELP)...more

Constangy, Brooks, Smith & Prophete, LLP

The demise of disadvantaged business enterprises

The U.S. DOT agrees to end contract goals for DBEs. In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...more

Schwabe, Williamson & Wyatt PC

DOT’s DBE Program Faces Major Overhaul After Lawsuit Settlement Proposal

In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“Mid-America”), the Plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable...more

PilieroMazza PLLC

DBE Program in Peril: Recent Legal Challenges and What They Mean for Women- and Minority-Owned Contractors

PilieroMazza PLLC on

Recent legal challenges jeopardize the future of the Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) program, a long-standing initiative designed to support minority- and women-owned businesses in...more

Husch Blackwell LLP

FMCSA Announces 18 Proposed Rule Changes Affecting the Trucking Industry

Husch Blackwell LLP on

This week, the Federal Motor Carrier Safety Administration (FMCSA) announced a slew of proposed rule changes—18 in all—designed to streamline operations, reduce unnecessary paperwork, and align regulations with modern...more

Schwabe, Williamson & Wyatt PC

Court Upholds Rights of DBE Supporters to Intervene

On September 23, 2024, in Mid-America Milling Company et. al. v. United States Department of Transportation, et. al., Case No. 3:23-cv-00072, the United States District Court for the Eastern District of Kentucky (the...more

Fox Rothschild LLP

Supreme Court Broadly Interprets Wire Fraud Liability

Fox Rothschild LLP on

On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not result in any economic loss for the victim. This holding expands the...more

Cozen O'Connor

U.S. DOT Proposes Significant Reforms for Administrative Enforcement, Rulemaking, and Guidance

Cozen O'Connor on

The U.S. Department of Transportation (DOT) has issued a Notice of Proposed Rulemaking (NPRM) that, if finalized, would represent a consequential shift in how DOT conducts enforcement actions and develops regulations and...more

Jackson Lewis P.C.

Enforcing English Proficiency: Employers of Commercial Drivers Face New FMCSA Guidance

Jackson Lewis P.C. on

Businesses that employ drivers of commercial motor vehicles who operate in interstate commerce (CMV drivers) have some work to do before June 25, 2025. That is when CMV drivers who cannot speak and understand English...more

Steptoe & Johnson PLLC

PHMSA Issues Advance Notice of Proposed Rulemaking Seeking Stakeholder Comments Related to Repair Criteria for Hazardous Liquid...

Steptoe & Johnson PLLC on

On May 21, the Pipeline and Hazardous Materials Safety Administration (PHMSA) submitted an advance notice of proposed rulemaking (ANPRM) to the Office of the Federal Register (publisher of the Federal Register) seeking public...more

Cozen O'Connor

Democratic AGs Sue to Protect States’ Access to Federal EV Infrastructure Funds

Cozen O'Connor on

A group of 17 Democratic AGs has filed suit to block the U.S. Department of Transportation’s Federal Highway Administration from revoking or withholding funds allocated to states under the National Electric Vehicle...more

Cozen O'Connor

Is this the End of the Small Business Set Aside Programs? DOT Issues New Guidance Letter

Cozen O'Connor on

On April 24, 2025, the U.S. Department of Transportation (DOT) Secretary, Sean P. Duffy, issued a guidance letter to all grant recipients of DOT funding, notifying them of: 1. The DOT’s new interpretations of...more

Littler

Got Commercial Drivers? New Executive Order Seeks to Ensure They Can Speak and Read English

Littler on

An executive order titled, “Enforcing Commonsense Rules of the Road For America’s Truck Drivers” focuses on English proficiency standards for regulated drivers. Executive Order 14286 follows President Trump’s March 1, 2025 EO...more

Akin Gump Strauss Hauer & Feld LLP

PHMSA Issues Advance Notice of Proposed Rulemaking to Modernize LNG Facility Regulations

On May 5, 2025, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published in the Federal Register an Advance Notice of Proposed Rulemaking (ANPRM) titled “Pipeline...more

Benesch

English Language Regulatory Requirement - Coming Enforcement for Truck Drivers

Benesch on

Recent headlines about President Trump’s Executive Order on “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” (“EO”) raised questions across the trucking industry and in the media....more

Fox Rothschild LLP

Trump Executive Order Targets Trucking Industry With English Proficiency Requirement for Drivers

Fox Rothschild LLP on

President Trump has instructed the U.S. Department of Transportation (DOT) to reinstate federal enforcement of English-language proficiency requirements for commercial truck drivers — a move that could lead to significant...more

Adams & Reese

New Burdens Aloft: What Trump’s De Minimis Revocation Means for Air Carriers

Adams & Reese on

A bouquet of tulips from Amsterdam. A wedge of Parmigiano-Reggiano. A Hokkaido melon in gift wrap. A tin of French truffles. No longer considered indulgences, these cross-border packages can travel across the world to your...more

Ballard Spahr LLP

PA Supreme Court Clarifies Land Valuation Rules in Pignetti v. PennDOT

Ballard Spahr LLP on

In a significant victory for property owners in Pignetti v. Pennsylvania Department of Transportation (PennDOT), the Supreme Court of Pennsylvania has relaxed the standard for establishing that two noncontiguous parcels of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Feliciano v. Department of Transportation

On April 30, 2025, the U.S. Supreme Court decided Feliciano v. Department of Transportation, No. 23-861, holding that federally employed military reservists called to active duty during wartime or a national emergency are...more

Jackson Lewis P.C.

Mandating English Proficiency for Truck Drivers: Trump EO Shifts Policy for Transportation Industry

Jackson Lewis P.C. on

Although the English proficiency rule (49 C.F.R. 391.11(b)(2)) is part of the minimum qualifications for drivers of commercial motor vehicles operating in interstate commerce, with certain limited exceptions, it has...more

Benesch

Transportation Regulation Reforms - U.S. DOT Seeks Public Comment by May 5

Benesch on

The U.S. Department of Transportation is seeking public comment on opportunities to reform transportation regulations.  The comment period ends next week. This effort is part of President Trump’s “Ten for One” regulatory...more

Mayer Brown

DOT and NHTSA Announce Autonomous Vehicle Framework

Mayer Brown on

On April 24, 2025, US Transportation Secretary Sean P. Duffy announced a new National Highway Traffic Safety Administration (NHTSA) Automated Vehicle (AV) Framework as part of the Department of Transportation’s (DOT) agenda...more

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