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Utilities React to Confusing Buy America Restrictions

Client Alert | 1 min read | 07.17.13

As a result of recent changes in the Moving Ahead for Progress in the 21st Century Act (MAP-21) and how those changes are being implemented by federal and state agencies, utilities are now facing expanded application of two longstanding, but different, Buy America provisions of the Federal Highway Administration and the Federal Transit Administration on the use of foreign iron, steel, and manufactured goods on relocation agreements with state agencies. Utility industry representatives have objected and requested that DOT clarify the requirements, establish consistent, DOT-wide Buy America provisions, and implement a transition period during which the restrictions would not apply, and CALTRANS, a California state agency, has sought a waiver for a significant project, prompting a spectrum of thoughtful comments.


Insights

Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” ...