Insights

As the United States government transitions from the Biden Administration to the Trump Administration, significant changes are already impacting infrastructure policy, with likely consequences to both planned and in-progress infrastructure projects around the country. Disruptions in funding and other policy changes are creating uncertainty for investors and stakeholders involved in infrastructure projects, particularly the potential impacts on projects funded under the Infrastructure Investment and Jobs Act and the Inflation Reduction Act of 2022, as previewed in our January 18thclient alert, “Implications of Incoming Administration Changes to Infrastructure Initiatives.”

Design patents play a crucial role in protecting the aesthetic and functional aspects of electric vehicle (EV) charging stations and connectors, which are essential components in the growing EV market, and the burgeoning infrastructure supporting the same. Participants in this crowded market would be wise to protect their innovations and investments by filing for design patents directed to distinctive design elements of the products and services they offer, as part of a robust intellectual property strategy. Doing so can help such participants enhance their market position, obtain and then maintain market differentiation, and attract investors.

President Donald Trump’s planned (or proposed) tariffs in his second administration may have a profound impact on megaprojects, including large infrastructure developments like highways, bridges, tunnels, airports, and railways, as well as large-scale energy projects like power plants, oil and gas facilities, and renewable energy installations.

If you live in New York City, you are likely familiar with the many e-bikes and e-scooters that are transforming transportation across the City. They have undoubtedly become a major staple of current city life. So, you may ask, are there any rules surrounding these vehicles? Well, as with many things, the rise in popularity is leading to new laws for e-bikes and e-scooters, frequently at highly localized levels. This article seeks to be a guide for those wanting to better understand the rules that apply to e-bike and e-scooter manufacturing, and the products’ use in New York. 

There are very few issues that can unite Republican and Democratic State Attorneys General in today’s polarized political environment. Aviation is one of those issues.

On January 8, 2024, New Jersey passed the Electric and Hybrid Vehicle Management Act making it illegal to dispose of electric vehicle (EV) batteries in landfills and instead mandating the reuse and recycling of EV batteries. Beginning in January 2027, the Act will explicitly prohibit unauthorized persons from disposing of EV batteries and their subcomponents as solid waste. On that same date, “no solid waste facility” in New Jersey “shall knowingly accept for disposal” an EV battery unless authorized by the state.

On December 28, 2023, the Department of Transportation (DOT) published a final rule increasing the statutory maximum monetary civil penalty for regulated entities. The final rule raised the minimum and maximum fines for 2024 by about 3.2 percent from the 2023 level across most DOT modes. The new fine amounts became effective on December 28, 2023 and will only apply to violations that take place after that date.

On October 30, 2023, President Biden released an Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI).  This landmark EO seeks to advance the safe and secure development and deployment of AI by implementing a society-wide effort across government, the private sector, academia, and civil society to harness “AI for good,” while mitigating its substantial risks.

Every five years, Congress passes a bill to reauthorize full (or, in some years, interim) funding for the Federal Aviation Administration's (FAA) continued governance and regulation of the aviation industry, outlining the next steps the FAA can take to promote the growth and safety of U.S. aviation.  Timely FAA reauthorization is critical to ensuring that the FAA has the authority and funding that it needs to carry out its oversight, certification, strategic planning, and air traffic activities.

The Department of Transportation’s Federal Highway Administration has issued final standards for the installation, operation, and maintenance of electric vehicle (EV) charging stations paid for with federal funds pursuant to the Infrastructure Investment and Jobs Act (IIJA) and other federal authorities. The standards, which go into effect on March 30, 2023, regulate the types of chargers that may be installed, as well as payment processing, labor, cybersecurity, and data privacy practices for EV charging infrastructure on federal highways.

First, 2023 continues an upward trend in the assertion and litigation of standard-essential patents (SEPs) in the automotive space as the latest wireless communications technologies, including 5G cellular and Bluetooth 4.X and 5.X, are increasingly incorporated into new vehicle infotainment systems and other onboard computers. Both vehicle manufacturers and their suppliers should be concerned.

Among its many provisions, the Inflation Reduction Act (IRA) includes $3 billion for the purchase or installation of zero-emission port equipment or technology located at U.S. ports or used to directly serve U.S. ports. Of that funding, $750 million is reserved for ports located in a Clean Air Act non-attainment area. For the past two months, the Environmental Protection Agency (EPA) has held listening sessions with stakeholders in advance of issuing guidance on the program’s administration, and the agency is now soliciting responses by January 18, 2023, to a Request for Information that poses 8 key questions for stakeholders.

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:

Last week, the House passed the Drone Infrastructure Inspection Grant Act, which establishes programs within the Department of Transportation (DOT) to support the use of small unmanned aircraft systems (sUAS) when inspecting, repairing, or constructing a variety of types of infrastructure, including roads, electric grids, water, and other critical infrastructure. 

In an effort to boost the domestic mining industry for critical minerals, on March 31, 2022, President Biden issued Presidential Determination 2022-11, the Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended (“Presidential Determination”).  The Presidential Determination states that sustainable and responsible domestic mining, beneficiation, and value-added processing of strategic and critical materials for the production of large-capacity batteries, including lithium, nickel, cobalt, graphite, and manganese, are essential to national defense.  The Presidential Determination will allow the Department of Defense (“DoD”) to pursue various investment, purchase commitment, and purchase vehicles to support strategic and critical material mining and production in the United States pursuant to Title III of the Defense Production Act (“DPA”). 

Crowell & Moring held its Transportation & Logistics workshop on Thursday, March 10, 2022 in Dana Point, California. The conference featured key developments and trends in the transportation sector and legal strategies to support supply chain resiliency in the midst of industry uncertainty, evolving regulatory regimes, and unprecedented workforce challenges. Conference participants included transportation leaders and decision-makers across retail, food & beverage, hospitality, telecommunications, healthcare, rail, automotive, aviation, surface, maritime, mobility, shipping, logistics, and beyond. Topics included:

On February 22, 2022, the Biden-Harris Administration issued a Fact Sheet summarizing efforts by the federal government and the private sector over the past year to promote the development of a domestic supply chain for critical minerals, including announcing major investments into domestic production of critical minerals.  The Fact Sheet was issued in conjunction with a virtual summit hosted by President Biden on February 22 that included California Governor Gavin Newsom, Energy Secretary Jennifer Granholm and several business and community leaders discussing opportunities and challenges with developing a domestic critical mineral supply chain.

Crowell & Moring, LLP (Crowell) has established a multi-practice, cross-office Infrastructure Implementation Team to assist U.S. and foreign businesses in monitoring, tracking and making business decisions based on the rollout of $1.2 trillion infrastructure law that was enacted in November 2021. This will be an important and exciting year in the infrastructure space as U.S. federal agencies begin to create new programs, promulgate regulations and push out billions of dollars in infrastructure funding through federal contracts and grants to state, tribal, and local governments and the private sector. Crowell’s Infrastructure Implementation Team is composed of industry leading attorneys and policy professionals in our Government Affairs; Government Contracting; Transportation; Corporate; Mass Torts, Products and Consumer Litigation; Aviation; and Environment, Energy and Natural Resource practices. Our Infrastructure Implementation Team stands ready to help clients navigate the myriad funding opportunities and regulatory actions that will result from the law over the months and years to come.

On December 13, 2021, the Biden administration announced several actions to begin the build out of electric vehicle charging infrastructure in support of its goal of transitioning 50 percent of new vehicle sales to electric vehicles by 2030 and in response to the recently enacted Infrastructure Investment and Jobs Act (also known as the Bipartisan Infrastructure Law). 

On November 15, President Biden signed into law the Infrastructure Investment and Jobs Act (“Infrastructure Act”), which reauthorizes various surface transportation programs and allocates $550 billion for new infrastructure spending over the next five years. Notably, the legislation also includes provisions requiring the Secretary of Transportation (“Secretary”) to establish a number of vehicle safety standards, and various federal agency officials to conduct vehicle safety studies.