October 16, 2015
Partners Paul C. Rosenthal and David L. Frulla were mentioned in the Law360 article “FHWA ‘Buy American’ Exemptions Raise Judge's Eyebrows.” A D.C. federal judge scrutinized a Federal Highway Administration (FHWA) rule exempting certain steel parts from the Buy American Act, suggesting that the agency plucked the standard to decide those exemptions “out of thin air.” The dispute centers on the FHWA’s 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. Several labor unions, including United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union and others, have claimed the rule violates the Administrative Procedure Act. “That’s the very definition of arbitrariness,” said Mr. Rosenthal. “They have given no thought other than to say, ‘We’re picking a number between 50 and 100.” The union and metal companies are represented by Mr. Rosenthal and Mr. Frulla.
To read the full article, please click here.