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New Roads Ahead: Bipartisan Infrastructure Law Funding Announced

Client Alert | 2 min read | 10.19.22

Last week, the Department of Transportation (DOT) announced nearly $60 billion of funding available to states through DOT formula grant programs in fiscal year (FY) 2023.  States may use these funds, authorized under the Bipartisan Infrastructure Law, to support critical infrastructure, including roads, bridges, and environmental and safety improvements.  The FY2023 grant funds represent a substantial increase from FY2021.  In particular, states will see an increase in grant funds for highway and bridge projects:

Significantly Increased Formula Program
with links to state apportionment

Percentage increase over FY21

Bridge Formula Program

391%

Appalachian Development Highway System

146%

National Electric Vehicle Infrastructure Formula Program

New

Federal-aid Highway ProgramsApplicable to all States

Highway Safety Improvement Program

26%

Metropolitan Planning Program

25%

Carbon Reduction Program

New

Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation Formula (“PROTECT”) Program

New

Federal-aid Highway ProgramsApplicable toSelected States

National Highway Performance Program

20%

Surface Transportation Block Grant Program

16%


The Bipartisan Infrastructure Law also created three new programs to support carbon reduction, make transportation infrastructure more resilient to future weather events and other natural disasters, and promote use of electronic vehicles. 

Companies interested in working on contracts under these grants should monitor infrastructure funding at the federal and state level to determine where, and how, it creates business opportunities.  We are continuing to closely tracking the implementation of the Bipartisan Infrastructure Law to help clients navigate the unprecedented levels of infrastructure funding taking place this year, and over the next four years.

Insights

Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....