President Trump took steps to dismantle California’s vehicle emissions standards on June 12, 2025, by signing three Congressional Review Act (“CRA”) resolutions revoking California’s waiver under the Clean Air Act. The waiver...more
6/19/2025
/ Automotive Industry ,
CARB ,
Carbon Emissions ,
Clean Air Act ,
Congressional Review Act ,
Electric Vehicles ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Motor Carriers ,
Pending Litigation ,
Surface Transportation ,
Transportation Industry ,
Trump Administration ,
Waivers ,
Zero-Emission Vehicles
The growth of final-mile package deliveries, especially to residential delivery following the global pandemic, raises important legal questions about the transportation service performed by delivery drivers and their...more
6/16/2025
/ Commerce Clause ,
Contract Terms ,
Delivery Drivers ,
FMCSA ,
Interstate Commerce ,
Jurisdiction ,
Logistics ,
Motor Carriers ,
Regulatory Oversight ,
Supply Chain ,
Transportation Industry
The Federal Motor Carrier Safety Administration (FMCSA) issued an internal agency enforcement policy on May 20, 2025 (the Policy), outlining its approach to English language proficiency (ELP) for commercial motor vehicle...more
6/16/2025
/ Brokers ,
China ,
Commercial Truck Drivers ,
Common Carriers ,
FMCSA ,
Manufacturers ,
Motor Carriers ,
New Regulations ,
Safety Standards ,
Tariffs ,
Transportation Industry
Electric vertical takeoff and landing aircraft (eVTOLs) and Unmanned Aerial Vehicles (UAVs or, colloquially, drones) are increasingly being integrated into supply chains. ...more
6/13/2025
/ Air Cargo ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Contract Disputes ,
Contract Terms ,
Corporate Liability ,
Drones ,
Montreal Convention ,
Risk Management ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Transportation Industry ,
Unmanned Aircraft Systems
The White House’s approach to regulatory policy emerged swiftly after Inauguration Day. In many parts of the industry the new Administration started with a “buzz” of excitement. ...more
6/12/2025
/ Biden Administration ,
Deregulation ,
Enforcement Actions ,
Executive Orders ,
Foreign Trade Regulations ,
Imports ,
International Trade ,
Logistics ,
Regulatory Burden ,
Regulatory Reform ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
Trump Administration ,
US Trade Policies
Supply chain services have never been more important than they are today, even when compared to prior supply chain crises. The transportation and logistics sector, particularly trucking, stands at the epicenter of those...more
6/12/2025
/ Automotive Industry ,
China ,
Customs and Border Protection ,
Foreign Trade Zones ,
Harmonized Tariff Schedule of the United States (HTSUS) ,
Imports ,
International Trade ,
Logistics ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
Warehouses
On May 29, 2025, the U.S. Department of Transportation (“DOT”) announced a wide range of deregulatory actions seeking to lower the operational burden and cost of compliance. ...more
6/6/2025
/ Department of Transportation (DOT) ,
Deregulation ,
Executive Orders ,
Final Rules ,
FMCSA ,
Motor Carriers ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration
The Federal Motor Carrier Safety Administration (“FMCSA”) issued an internal policy on May 20, 2025, outlining its approach to English language proficiency (“ELP”) for commercial motor vehicle drivers. This policy is more...more
5/27/2025
/ Commercial Truck Drivers ,
Drivers ,
Enforcement Actions ,
Executive Orders ,
FMCSA ,
Motor Carriers ,
New Regulations ,
Policy Memorandums ,
Regulatory Requirements ,
Transportation Industry ,
Trump Administration
Recent headlines about President Trump’s Executive Order on “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” (“EO”) raised questions across the trucking industry and in the media....more
The U.S. Department of Transportation is seeking public comment on opportunities to reform transportation regulations. The comment period ends next week. This effort is part of President Trump’s “Ten for One” regulatory...more
Our expectations for a new regulatory policy from the Trump Administration are quickly taking shape. The White House wasted no time kicking off changes to our regulatory environment and compliance enforcement posture....more
3/4/2025
/ Department of Transportation (DOT) ,
Deregulation ,
Enforcement Actions ,
Enforcement Priorities ,
Environmental Policies ,
Executive Orders ,
Federal Aviation Administration (FAA) ,
Federal Highway Administration ,
Federal Railroad Administration ,
International Trade ,
Logistics ,
NHTSA ,
Tariffs ,
Trade Policy ,
Transportation Industry ,
Trump Administration ,
US Trade Policies
On February 18, 2025, the Federal Motor Carrier Safety Administration (“FMCSA”) granted a request to reopen the comment period for its Broker Transparency Notice of Proposed Rulemaking (“NPRM”) originally published at 89 FR...more
The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more
1/22/2025
/ Biden Administration ,
Business Model ,
Commercial Truck Drivers ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Regulatory History ,
Transportation Industry ,
Trucking Industry ,
Trump Administration
The regulatory environment is top of mind these days coupled with speculation over potential change. Any attention paid to our obligations for safe and lawful operation is positive as we strive for compliance by our companies...more
12/2/2024
/ Commerce Clause ,
Commodities ,
Compliance ,
Department of Transportation (DOT) ,
FMCSA ,
Food and Drug Administration (FDA) ,
FSMA ,
Hazardous Substances ,
IFTA ,
Interstate Commerce ,
Motor Carriers ,
PHMSA ,
Registration Requirement ,
Regulatory Agencies ,
Regulatory Authority ,
Sales & Use Tax ,
Transportation Brokerage ,
Transportation Industry
The Federal Motor Carrier Safety Administration (“FMCSA”) issued a Notice of Proposed Rulemaking (“NPRM”) on November 20, 2024,titled Transparency in Property Broker Transactions (89 FR 91648). ...more
11/22/2024
/ Brokers ,
Disclosure Requirements ,
FMCSA ,
Motor Carrier Act ,
Motor Carriers ,
NPRM ,
Proposed Rules ,
Regulatory Requirements ,
Shipping ,
Transparency ,
Transportation Industry ,
Trucking Industry
Force majeure contract provisions and force majeure notices have been top of mind more times in recent memory than we care to count. The recent short-lived port strike, two devastating hurricanes, and the Francis Scott Key...more
Global transportation and logistics services can amount to some of the largest expenses, and even the largest single contracts by spend, for enterprises with high traffic volumes. Among mature buyers and sellers of goods the...more
We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many...more
11/4/2024
/ Air Cargo ,
Audits ,
Brokers ,
Department of Transportation (DOT) ,
Federal Contractors ,
Federal Maritime Commission ,
Logistics ,
National Security ,
Shipping ,
Shipping Cargo ,
Small Business ,
Supply Chain ,
Transportation Industry
International laws for cargo liability impact the way enterprises procure transportation and logistics services, the contracts under which those services are purchased, the process for claims adjudication, and the liability...more
The Federal Maritime Commission ( FMC) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space accommodations...more
10/31/2024
/ Exports ,
Federal Maritime Commission ,
Final Rules ,
Good Faith ,
Maritime Transport ,
Market Participants ,
Negotiations ,
Shipping ,
Shipping Cargo ,
Trade Relations ,
Transportation Industry ,
Vessels
Applause can be heard from diverse sectors of private industry as the U.S. Congress redoubles its resolve against threats in the supply chain. New bills introduced in recent months target supply chain challenges at home and...more
10/31/2024
/ Department of Homeland Security (DHS) ,
Distribution Centers ,
Distributors ,
Fraud ,
Logistics ,
Manufacturers ,
National Security ,
Organized Crime ,
Proposed Legislation ,
Shipping Cargo ,
Supply Chain ,
Theft ,
Transportation Industry ,
Warehouses
The United States Supreme Court recently brought to a close 40 years of “Chevron deference” and its guidance for legal interpretation of certain federal agency decision-making authority. In two instances, the United States...more
10/30/2024
/ Administrative Agencies ,
Chevron Deference ,
Clean Air Act ,
Congressional Committees ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Logistics ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
SCOTUS ,
Statutory Interpretation ,
Statutory Requirements ,
Transportation Industry
The trucking industry recently received 450 million reasons to pay closer attention to best practices for trailer safety and the business relationships involving trailer use. On September 5, 2024, plaintiffs suing trailer...more
10/30/2024
/ Commercial Contracts ,
Commercial Leases ,
Equipment Lease ,
FMVSS ,
Jury Verdicts ,
Leases ,
Manufacturers ,
Motor Vehicles ,
NHTSA ,
Risk Mitigation ,
Transportation Industry ,
Wrongful Death
The United States Supreme Court recently brought to a close forty years of "Chevron Deference" and its guidance for legal interpretation of specific federal agency decision-making authority....more
7/17/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Legislative Agendas ,
Logistics ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Transportation Industry
The U.S. Department of Transportation is seeking input from industry stakeholders on the role of artificial intelligence in the supply chain.
The DOT’s Advanced Research Projects Agency – Infrastructure is one of many...more
7/15/2024
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Critical Infrastructure Sectors ,
Data Protection ,
Infrastructure ,
Risk Assessment ,
Supply Chain ,
Technology ,
Transportation Industry ,
U.S. Commerce Department