A Bridge Too Far: Court Vacates FHWA's 2012 Expansion of Its Buy America Waiver
Client Alert | 1 min read | 01.15.16
On December 22, 2015, the U.S. district court for D.C. vacated the Federal Highway Administration's position, set forth in a December 2012 policy memorandum, that exempted manufactured steel products from the FHWA's Buy America restriction if (a) they had less than 90% steel or iron content or (b) they were "miscellaneous steel or iron products" (i.e., off-the-shelf products necessary to "encase, assemble and construct manufactured products"), causing FHWA on January 6 to rescind the policy memorandum, pending further update. The court held that both of FHWA's "clarifications" related to a 1983 public interest waiver exemption for manufactured products other than steel products; were substantive rules requiring notice and comment; and that, in any event, the 90% content rule was arbitrary and capricious under the current record.
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Client Alert | 3 min read | 11.12.25
EPA Proposes Important Revisions to its PFAS Reporting Regulations
On November 10, 2025, the U.S. Environmental Protection Agency (EPA) released proposed regulations that, if adopted, would substantially alter the reporting obligations of companies that manufacture or import products containing per- or polyfluoroalkyl substances (PFAS). The proposed regulations would significantly reduce reporting burdens by exempting numerous products that currently trigger reporting requirements under EPA’s PFAS reporting regulations. The proposed regulations would also delay the current deadline for reporting.
Client Alert | 3 min read | 11.06.25
Client Alert | 2 min read | 11.06.25
Key Takeaways to the State Attorneys General - Election Day 2025
Client Alert | 3 min read | 11.06.25
Supreme Court Oral Argument on Presidential Tariff Authority
