Client Alerts & Newsletters

Utilities React to Confusing Buy America Restrictions


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.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Alan W. H. Gourley
Partner – Washington, D.C.
Phone: +1 202.624.2561

Adelicia R. Cliffe
Partner – Washington, D.C.
Phone: +1 202.624.2816

Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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