The U.S. Department of Transportation (DOT) has rescinded Biden-era memorandums from the Federal Highway Administration (FHWA) that prioritized infrastructure projects with social justice and climate goals, aligning with the Trump administration’s policy direction. U.S. Secretary of Transportation Sean Duffy stated these memos lacked statutory basis and will no longer influence DOT programs. Critics of the earlier policies had noted that the policy prioritized infrastructure projects intended to maintain or upgrade existing roads, highways, and bridges rather than new construction. This will also give states more autonomy in prioritizing funding allocations.  


The rescission may impact entities involved in infrastructure projects, especially those that may have relied on policy priorities of the prior administration. Companies and organizations may need to adapt to a regulatory environment prioritizing economic goals over social and environmental objectives. This could require reassessment of strategy in funding applications to the DOT, with priority being given for traditional infrastructure expansion projects and economic-growth focused policies rather than projects furthering environmental or social justice objectives.

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Photo of Scott L. Winkelman Scott L. Winkelman

Scott L. Winkelman is a partner in the firm’s Litigation Group and co-chair of the firm’s Transportation Practice. Scott co-founded the firm’s Product Risk Management Practice, has served on the firm’s Management Board and Executive Committee, and for a time managed the firm’s…

Scott L. Winkelman is a partner in the firm’s Litigation Group and co-chair of the firm’s Transportation Practice. Scott co-founded the firm’s Product Risk Management Practice, has served on the firm’s Management Board and Executive Committee, and for a time managed the firm’s New York office and its Regulatory initiative.

Scott represents clients in class actions, force majeure and other contract disputes, multidistrict proceedings, arbitrations, and other complex litigation in products and commercial matters nationwide.

Scott represents clients in agency proceedings before the National Highway Traffic Safety Administration (NHTSA), the Consumer Product Safety Commission (CPSC), and related product regulatory bodies, including in connection with four of the largest automotive recalls in United States history.

Scott conducts product and business risk assessments; performs crisis management; and counsels on liability prevention, commercial contracting, warranty, and best practices in law functions and legal management.

Scott is a certified “black belt” in Six Sigma methodology and brings project efficiencies to his client engagements.

Scott has been recognized by BTI Consulting Group as a 2020 Client Service All-Star. The honor, bestowed by corporate counsel, recognizes attorneys who “stand above all the others in delivering the absolute best in client service. Amid all the changes and unexpected events, they stand tallest.”

Since 1997, Scott has been selected by his peers for inclusion in The Best Lawyers In America as a “Best Lawyer” in the area of product liability litigation, and has been ranked in Super Lawyers.

Scott served as judicial clerk to the Honorable John Pratt of the U.S. District Court for the District of Columbia.

Scott is married with two children and roots for all Detroit sports teams.

Photo of Rebecca Baden Chaney Rebecca Baden Chaney

Rebecca Baden Chaney is a partner in the firm’s Washington, D.C. office and is co-chair of the firm’s Transportation Practice. Transportation, micromobility, consumer, and other product manufacturers lean on Rebecca Chaney’s keen understanding of the transportation and consumer product industries and the legal…

Rebecca Baden Chaney is a partner in the firm’s Washington, D.C. office and is co-chair of the firm’s Transportation Practice. Transportation, micromobility, consumer, and other product manufacturers lean on Rebecca Chaney’s keen understanding of the transportation and consumer product industries and the legal landscape to advance their businesses. Rebecca applies her commercial-focused product risk lens to represent product manufacturers facing litigation, commercial, and regulatory challenges.

Rebecca is an industry-recognized force in litigating complex product-related warranty, defect, indemnity and contractual commercial disputes, and consumer litigation, including in class actions and mass tort proceedings. She counsels her commercial clients on product disputes, risk mitigation, and crisis management matters. Rebecca additionally defends clients against defamation claims. Clients appreciate Rebecca’s close coordination with them, her proactive approach, and her critical and creative thinking about each stage in a litigation or matter.

Rebecca’s approach embraces product liability risk management across the life cycle of product commercialization, from pre- to post-launch to aftermarket. This includes advice on product labeling, as well as National Highway Traffic Safety Administration and Consumer Product Safety Commission regulatory compliance, recall, and enforcement issues.