US Transportation Sector Adopts National Framework for Tracking Greenhouse Gas Emissions

In a move that is significant for environmental conservation efforts in the U.S., the United States Department of Transportation/Federal Highway Administration (DOT) has promulgated a final rule focusing on the tracking of transportation-related greenhouse gas emissions (GHG). The rule is described as providing several key government organizations a national framework to follow up with GHG…

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TSA Updates Cybersecurity Directives for Freight and Passenger Rail Systems

The U.S. Transportation Security Administration (TSA) has updated three of its cybersecurity directives that regulate freight and passenger railroad carriers, as stated in an October 2023 report. This move falls into a continuing effort to fortify the cybersecurity of surface transportation systems.Hogan Lovells reported the following three security directives have been renewed and updated: Enhancing…

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Robocall Regulations Tighten as US Senate Subcommittee Holds Hearing on Consumer Protection

As regulatory bodies across the globe ramp up their focus on consumer protection, the legislative scrutiny around robocalls is intensifying, particularly in the United States. The U.S. Senate Commerce, Science, and Transportation Committee’s Subcommittee on Communications, Media, and Broadband (hereinafter “Subcommittee”) recently held a hearing on “Protecting Americans from Robocalls”— an initiative that could have…

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DBE Program Lawsuit: The Future of Race and Gender-Based Policies in Business after SFFA

In the context of the U.S. Supreme Court’s precedent-setting verdict in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which curtailed the extent of race-based affirmative action programs in college admissions, a consequential federal lawsuit has now been leveled in the Eastern District of Kentucky. This…

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US Tanker Security Program Reaches Full Enrollment, Strengthening Military Sealift Capabilities

In accordance with the announcement made on October 17, 2023, by the U.S. Department of Transportation, Maritime Administration (MARAD), the U.S. Tanker Security Program (TSP) has reached full enrollment alongside its sister program, the Maritime Security Program (MSP). Both these initiatives play critical roles in supporting the U.S. Department of Defense during times of need….

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Proposed Hazardous Materials Regulations Updates Open for Stakeholder Comment Period

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced the commencement of a comment period for proposed updates to the Hazardous Materials Regulations (HMR). This invitation allows stakeholders to discuss and propose suggestions on forty-six distinct topics related to the regulatory updates on hazardous materials (Hazmat) transportation. The comment period…

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Massachusetts’ Transit Communities Face Compliance Deadline for New Housing and Economic Development Guidelines

On October 21, 2022, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (EOHED) established definitive guidelines for Massachusetts’ 175 MBTA (Massachusetts Bay Transportation Authority) communities. The guidelines aim to ensure compliance with M.G.L. c. 40A, § 3A (“Guidelines”). These new directives specifically apply to communities identified as Rapid Transit Communities. Compliance is…

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FERC Grants Dominion’s Back-up Fuel Project Hinshaw Exemption in Landmark Decision

In a development on November 16, 2023 pertinent to stakeholders in the energy and LNG industry, the Federal Energy Regulatory Commission (FERC) granted Dominion Energy Virginia, also known as Virginia Electric and Power Company’s petition. Dominion’s request centered on FERC declaring that its planned liquefied natural gas (LNG) production, storage, and regasification facility in Greensville…

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Challenging the DOT’s Rebuttable Presumption: Analyzing Social Disadvantage in Federal Cases

On October 26, 2023, U.S. Department of Transportation’s Disadvantaged Business Enterprise program encountered a fresh legal battle. The dispute was initiated in the Federal District Court for the Eastern District of Kentucky and currently stands as one of the most salient issues in the legal arena. The contention lies in the DOT’s implementation of a…

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Navigating the Complexities of the MCS-90 Endorsement in the Transport Industry

The MCS-90 endorsement, an additional component to trucking liability policies, is increasingly in focus as the American legal community navigates the complexities of the transport industry, particularly motor carriers participating in the interstate commerce of property. A requirement of federal law, motor carriers must exhibit proof of the financial capacity to cover any public damage…

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SEC Lawsuit Targets Transportation Firms and Attorney in Alleged EB-5 Fraud

The U.S. Securities and Exchange Commission (SEC) has reportedly filed a lawsuit against the proprietor of several transportation companies based in New York, alongside an immigration lawyer and her firm. The lawsuit alleges the sale of unregistered securities, and reportedly, these sales also included individuals seeking permanent U.S. residency through an immigrant investor program. As…

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IRS Announces Adjustments to Healthcare FSA and Transportation Fringe Benefit Limits

As legal professionals remain alert to the changing landscape of regulatory standards, it’s worth noting a recent development concerning healthcare and fringe benefit limits. On November 9th, 2024, the Internal Revenue Service (IRS) publicized additional inflation adjustments which involve amendments to the annual contribution and carryover limits for healthcare Flexible Spending Accounts (FSAs), as well…

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Security Concerns Arise for Legal Professionals Amid London Bus Hate Crime Incident

A recent incident in London has sparked a conversation regarding the necessity of security on buses. Reports from Above the Law revealed that legal professionals found themselves victims of an anti-Semitic attack while on a London double-decker, leading many to question the measures in place to protect public transit passengers. This disturbing event is not…

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California AG and Labor Commissioner Seek FMCSA Waiver to Protect Truck Drivers’ Meal and Rest Break Rights

In an unprecedented move, California’s Attorney General’s Office and the Labor Commissioner have teamed up to petition the Federal Motor Carrier Safety Administration (FMCSA) for a waiver of meal and rest period preemption determination, aimed at protecting the state’s drivers. The Attorney General’s push comes after FMCSA announced in August that it would commence the…

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INDOT Implements Progressive Design-Build and CMGC Methods to Improve Infrastructure Project Delivery

On November 9, 2023, the Indiana Department of Transportation (INDOT) pioneered the introduction of new delivery platforms for transportation infrastructure projects, successfully registering full attendance at their launch event in Indianapolis. The latest additions to the statutorily authorized pilot programs are Progressive Design-Build (PDB) and Construction Manager/General Contractor (CMGC) methods. These platforms, authorized by Indiana…

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TSA Prepares for Busiest Holiday Season Amid Potential Government Shutdown

The Transportation Security Administration (TSA) is preparing for what it anticipates will be its busiest holiday travel season to date. This comes as a potential government shutdown looms, possibly just days away. Despite these challenging circumstances, TSA employees and federal air traffic controllers are obligated to work, albeit without pay during a shutdown. This may…

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Antisemitic Incident Involving London Lawyers Sparks Legal Community Support

A disturbing event unfolded in London when two attorneys, one from Slaughter and May, and the other from Morrison & Foerster, faced an antisemitic incident. The incident happened on a public transportation bus where an unidentified woman repeatedly harassed the couple with antisemitic questions. Post this incident, both lawyers sought the LinkedIn platform to share…

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Rising Drone Usage by Alaskan Authorities Revolutionizes Avalanche Monitoring and Infrastructure Inspection

The use of unmanned aerial systems (UAS), commonly known as drones, by state and local agencies has significantly increased in recent years. The Department of Transportation and Public Facilities (Department) in Alaska, has been making headlines lately with their progressive utilization of drones. The department has begun using these remote-controlled devices for tasks such as…

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