United States: Rail, Road & Cycling

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Welcome to the Mondaq Transport homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Aviation, Marine Law, Shipping Law, Rail, Road and Cycling.
Article
D.C. Circuit Upholds FRA Buy America Waiver For Brightline West High-Speed Rail Project
The D.C. Circuit's recent decision in a Buy America waiver challenge establishes new precedent for how federal agencies evaluate domestic availability in infrastructure projects. The ruling addresses whether manufacturers' future production capabilities should factor into waiver decisions and clarifies the standing requirements for suppliers challenging such waivers. This case provides critical guidance for companies navigating federal procurement requirements in transportation and infrastructure projects.
Global Government
BB
Bass, Berry & Sims
Article
Freight Brokers Face Escalating Exposure Following Landmark $604 Million Verdict
A Texas jury has returned a $604 million verdict against freight broker C.H. Robinson following a fatal 2021 trucking accident, finding the broker 23% liable despite the carrier holding a "Satisfactory" FMCSA safety rating. This landmark decision, arriving months after the Supreme Court's Montgomery ruling eliminated federal preemption defenses, signals a fundamental shift in broker liability exposure and raises critical questions about whether standard carrier vetting procedures remain legally sufficient i
United States Transport
LB
Lewis Brisbois Bisgaard & Smith LLP
Article
“Freedom to Fix”: New Presidential Memorandum and EPA Guidance on Vehicle Tampering Add Little to Existing Framework
The Trump administration has issued new guidance on federal motor vehicle tampering enforcement, aiming to clarify when individuals can legally repair their own vehicles under the Clean Air Act. While framed as expanding "Right to Repair" freedoms, the policy largely reaffirms EPA's longstanding position that repairs with a reasonable basis for not adversely affecting emissions are permissible, though questions remain about state enforcement and onboard diagnostics systems.
United States Environment
AP
Arnold & Porter
Article
Chameleon Carriers—FMCSA’s “Reincarnated” Rule And Enforcement
Federal regulators are intensifying enforcement against chameleon carriers—motor carriers that use corporate restructuring to evade safety compliance histories. Understanding the legal framework, identification factors, and severe consequences of reincarnated carrier determinations has become essential as the FMCSA signals a shift from historically minimal enforcement to active prosecution of these evasion tactics.
United States Transport
B
Benesch Friedlander Coplan & Aronoff LLP
Article
Supply Chain Market Update: Carrier Surcharges And Capacity Discipline Drive A Rate Recovery Amid Logistics-Cost Inflation
Surcharge-driven pricing and geopolitical disruption are intensifying supply side freight inflation, with tightening capacity in trucking and air and carrier-controlled ocean rates pushing costs higher despite still-muted demand. This analysis examines the widest supply-demand imbalances in recent history, marking a renewed phase of supply-driven inflation across global logistics networks.
United States International
A
AlixPartners
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