December 23, 2015
Partners David L. Frulla and Paul C. Rosenthal were mentioned in the Law360 article “FHWA Loses In 'Buy American' Suit Over Steel Rules.” A D.C. federal judge recently struck down two rules that exempted certain steel products from the Buy American Act, 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.” 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 and thus be subject to the requirement that they be American-made. The challengers — which include the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union and others — noted that there is “nothing in the record to justify this 90 percent figure.” The companies are represented by Mr. Frulla and Mr. Rosenthal. “This decision is strong and it’s quite consistent with the view of Congress about how our Buy American law should be interpreted,” Mr. Rosenthal said. “So we’re very pleased.”
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