News & Analysis as of

Transportation Industry

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

Burr & Forman

The Quest for Logistic Supremacy

Burr & Forman on

In today’s high-stakes economy, logistics is no longer a forgotten back-end function — it’s a front-line competitive advantage. As global supply chains grow increasingly complex and consumers demand faster delivery times, the...more

Perkins Coie

Supreme Court Issues “Course-Correcting” NEPA Decision

Perkins Coie on

The Supreme Court of the United States’ opinion, issued May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado, reaffirms the Court’s earlier, seminal decisions expounding judicial review under the...more

Holland & Hart LLP

SCOTUS Reins In NEPA: A Game-Changer for Infrastructure Development

Holland & Hart LLP on

The U.S. Supreme Court instructed lower courts to make a dramatic “course correction” in how they handle claims under the National Environmental Policy Act (NEPA) in its first major NEPA ruling in nearly two decades. Writing...more

Schwabe, Williamson & Wyatt PC

Pruning the NEPA Judicial Oak: Supreme Court Clarifies Scope of Environmental Review in ‎Seven County Infrastructure Decision

The U.S. Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, Colorado represents a significant change in how courts should review the adequacy of an environmental impact statement (EIS) prepared...more

Jenner & Block

Supreme Court Limits Scope of NEPA’s Analysis of Upstream and Downstream Environmental Impacts of Federal Actions

Jenner & Block on

On May 29, 2025, in a 8-0 ruling (Justice Gorsuch recused himself from the case), the Supreme Court held that the U.S. Court of Appeals for the D.C. Circuit erred in requiring federal regulators to evaluate the potential...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

Marshall Dennehey

Florida Court Holds Uber is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

Marshall Dennehey on

Campo v. Uber Technologies, Inc., 2025 WL 15388 (Fla. 3d DCA 2025) - Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber...more

Marshall Dennehey

Delaware Court Denies Motion to Dismiss, Allows Negligence Suit Against Railroad Company Over Commuter Train Incident

Marshall Dennehey on

Fontana v. CSX Transportation, Inc, 2025 WL 326209, No. K24C-04-018 (JCC) (Del. Super. Ct. Jan. 28, 2025) - The Delaware Superior Court permitted an action against a railroad company to go forward, denying a motion to dismiss...more

Marshall Dennehey

Appellate Court Denies Late Notice of Claim in Mass Transit Injury Case for Lack of Extraordinary Circumstances

Marshall Dennehey on

Hutchins v. NJ Transit Corp. and the State of NJ, 2025 WL 18154 (App. Div. Jan. 2, 2025) - In an encouraging adherence to procedural rules, a New Jersey appellate court denied an application to file a late notice of claim...more

Marshall Dennehey

Appellate Court Rejects Negligence Claim in Bus Injury Case, Finds Normal Travel Conditions

Marshall Dennehey on

McClain v. MTA Bus Co., 222 N.Y.S.3d 142 (2d Dept Nov. 27, 2024) - The appellate division addressed a common issue in transportation actions, a plaintiff alleges they were caused to fall or be injured as a result of actions...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

Cozen O'Connor

Illinois Insights: An update from Cozen O'Connor (5/28)

Cozen O'Connor on

Big issues for Illinois legislative session’s final week include public transit, pension reform and Bears - “Illinois lawmakers head into the final days of their spring session this week looking for ways to close a...more

Foster Garvey PC

It Is Raining Tax Increases in Washington State – When It Rains It Pours

Foster Garvey PC on

As reported on May 13, 2025, several changes to the Washington state tax laws were passed by lawmakers and delivered to the desk of Governor Ferguson in late April, awaiting his signature to make them law. In the aggregate,...more

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

Perkins Coie on

The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Benesch

UPDATE: English Language Proficiency Requirements for Drivers

Benesch on

The Federal Motor Carrier Safety Administration (“FMCSA”) issued an internal policy on May 20, 2025, outlining its approach to English language proficiency (“ELP”) for commercial motor vehicle drivers. This policy is more...more

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Shipping...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an April 8th Interpretive Letter a question regarding the Hazardous Materials Regulations (“HMR”) applicable to the use of United...more

Cozen O'Connor

New York Note: Metropolitan Park and NJ Transit Strike Ends

Cozen O'Connor on

NYS Passes Bill for Metropolitan Park Casino Project- Last week, New York State Assemblymembers approved legislation that would allow for the construction of an $8B entertainment and casino complex on 50 acres of Citi...more

Nossaman LLP

America’s Infrastructure Improves to a C Grade on the ASCE’s 2025 Report Card

Nossaman LLP on

Founded in 1852, the American Society of Civil Engineers (ASCE) is the country’s oldest and largest civil engineering organization.  Since 1998, the ASCE has issued a quadrennial assessment of the U.S.’s infrastructure...more

Bond Schoeneck & King PLLC

Charter Bus Safety Belt Requirements Effective April 21, 2025

Effective April 21, 2025, new subsection 3-d of Vehicle & Traffic Law Section 1229-c provides that: a) No person 16 years of age or older shall be a passenger in a charter bus unless such person is restrained by an...more

Cozen O'Connor

California to Repeal Clean Fleets Regulation Following GOP AGs Challenge

Cozen O'Connor on

A group of 16 Republican AGs, the Arizona legislature, and a trade association announced that as a result of their lawsuit challenging California’s Advanced Clean Fleets regulation, the California Air Resources Board (CARB)...more

Husch Blackwell LLP

Federal and California Regulators Advance Autonomous Vehicle Rules, Setting the Stage for Accelerating Deployment

Husch Blackwell LLP on

Recent moves by federal and California regulators point to increased support for the development and accelerated rollout of autonomous vehicles (AVs). While these changes are incremental rather than sweeping, they show a...more

McCarter & English, LLP

FY 2026 NJDOT, NJ Transit, and MVC Budget Testimony

On May 5, 2025, New Jersey Department of Transportation (NJDOT) Commissioner Francis K. O’Connor, NJ Transit President and CEO Kris Kolluri, and Motor Vehicle Commission (MVC) Acting Chief Administrator Latrecia Littles-Floyd...more

Downey Brand LLP

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance...

Downey Brand LLP on

In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Los Angeles ramps up use of AI-assisted cameras to issue traffic tickets, Google launches AI-based language...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

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