FHWA Loses In 'Buy American' Suit Over Steel Rules

Law360, Washington (December 23, 2015, 5:06 PM EST) -- A D.C. federal judge struck down two rules that exempted certain steel products from the Buy American Act on Tuesday, saying the Federal Highway Administration failed to follow the legal rulemaking procedure and apparently pulled the details for one of the exemptions from "thin air."

U.S. District Court Judge Amit P. Mehta nixed the rules and sent them back to the FHWA for further proceedings. The dispute, filed by a union and metal companies, centered on a December 2012 memo "clarifying" that products used in federally funded highway projects must be at least 90 percent steel to fall under the act...

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