TRB’s Airport Cooperative Research Program (ACRP) Legal Research Record 14: Achieving Airport-Compatible Land Uses and Minimizing Hazardous Obstructions in Navigable Airspace discusses airport-compatible land-use requirements, the legal issues related to achieving airport compatible land use, and legal issues particular to eliminating hazardous obstructions to airspace. The report also includes...

TRB’s National Cooperative Highway Research Program (NCHRP) Synthesis 429: Geotechnical Information Practices in Design-Build Projects addresses how states use geotechnical information in solicitation documents and contracts for design-build highway projects. The report examines current practices regarding the allocation of geotechnical risk and the level of geotechnical information provided wi...

Roundabouts have seen unprecedented growth across the United States, from just a handful a decade ago to more than 2,000 and counting. National guidance had to keep pace with the needs of states and communities planning and implementing roundabouts, and NCHRP took a lead role.

In regions across the nation, bridge engineers know that the next major seismic event is coming—maybe tomorrow, maybe centuries from now. DOTs have the critical charge of designing for earthquakes and protecting the lives of travelers.

TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 57: Tort Liability Defense Practices for Design Flexibility focuses on tort liability defense practices and cases involving the exercise of discretion in design. The report is designed to help provide a framework for determining potentially successful strategies to employ when defending design decisions made follo...

TRB’s Airport Cooperative Research Program (ACRP) Legal Research Results Digest 13: An Index and Digest of Decisions: Compilation of Airport Law Resources is a list of judicial decisions with summaries of relevant holdings and links to source documents. ACRP LRD Digest 13 complements the information contained in ACRP Legal Research Digest 4 : Compilation of DOT and FAA Airport Legal Determinati...

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 56: The Ramifications of Post-Kelo Legislation on State Transportation Projects explores the consequences of legislation enacted by state legislatures that limits the use of eminent domain in response to the 2005 United States Supreme Court case of Kelo v. the City of New London, where the Court held that the use ...

TRB’s Airport Cooperative Research Program (ACRP) Legal Research Digest 12: Fair Disclosure and Airport Impact Statements in Real Estate Transfers examines the effect of a state or locality having no real property disclosure laws, explores existing general state real property disclosure laws, and discusses existing state real property disclosure laws specifically requiring the disclosure of air...

TRB’s National Cooperative Highway Research Program (NCHRP) Research Results Digest 356: Analysis of State Rural Intercity Bus Strategies: Requirements for Utilization of S.5311(f) Funding provides a snapshot of the current status of the program across the nation, and also provides states with examples and recommendations for program implementation. Section 5311(f) funds intercity bus service i...

TRB’s second Strategic Highway Research Program (SHRP 2) Report S2-L06-RR-2 Guide to Improving Capability for Systems Operations and Management examines the way transportation agencies should be organized to successfully execute operations programs that improve travel time reliability. After the guide was submitted for publication, the American Association of State Highway and Transportation Of...

TRB’s National Cooperative Highway Research Program (NCHRP) Research Results Digest 362: Review of Mexican Experience with the Regulation of Large Commercial Motor Vehicles reviews and summarizes the Mexican experience with changes in truck size and weight limits. The report also evaluates the potential applicability to size and weight limits in the United States.

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 36: Transit-Oriented and Joint Development: Case Studies and Legal Issues examines a combination of large, medium, and small Transit-Oriented Development (TOD) and joint development projects since 1999 and provides comprehensive case studies, with an emphasis on what made the project succeed and how legal issues relate to T...

TRB’s National Cooperative Freight Research Program (NCFRP) Web-Only Document 2: Multi-State Freight Transportation Organizations examines approaches to establishing multi-state freight transportation organizations that can develop and implement long-term investment plans. The report has a special focus on the legal and financial requirements as well as the composition, structure, and decision-...

The TRB Committee for a Review of U.S. Department of Transportation (USDOT) Study on Implementation of Changes to the Section 4(f) Process has delivered its third and final letter report to the USDOT. The report explores the results of the committee’s review of whether the findings and conclusions of the USDOT’s draft Phase II report are supported by evidence presented in the report. The letter...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 38: Legal Aspects Relevant to Outsourcing Transit Functions Not Traditionally Outsourced focus on the legal aspects relevant to outsourcing transit functions not traditionally outsourced, such as maintenance services, architectural and engineering work, custodial services, security services, human resources, call center ser...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Results Digest 37: Legal Arrangements for Use and Control of Real-Time Data is designed to help transit officials understand the legal options and limitations for real-time data ownership, protection, and use.

TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 55: Identification, Prevention, and Remedies for False Claims in Highway Improvement Contracting is designed to help define false claims as is set forth in case law, civil statutes, and other resources; and to distinguish fraud. The report also explores case law on false contract claims in connection with highways...

TRB’s Committee on Environmental Issues in Transportation Law has released the latest issue of its newsletter.  The newsletter is designed to keep lawyers and transportation officials abreast of the latest developments in environmental issues in transportation law.  The opinions expressed in the Natural Lawyer are those of the authors and do not necessarily reflect the views of the Tr...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 35: Reductions in Transit Service or Increases in Fares: Civil Rights, ADA, Regulatory, and Environmental Justice Implications explores the legal implications of reductions in transit service or increases in fares in the context of environmental justice. Based on federal environmental justice principles, the report analyzes...

TRB’s Airport Cooperative Research Program (ACRP) Legal Research Digest 11: Survey of Minimum Standards: Commercial Aeronautical Activities at Airports explores source material for adopting and enforcing minimum standards that airport owners and operators commonly impose on businesses that perform commercial aeronautical activities that occur at airports. Examples of aeronautical activities inc...

TRB’s Transit Cooperative Research Program (TCRP) Research Results Digest 97: Transit Agency Compliance with Title VI: Limited English Proficiency Requirements explores the legal issues associated with transit operators’ limited English proficiency (LEP) compliance efforts. The digest is designed to serve as a single source of information concerning the development and current status of transit...

The National Cooperative Highway Research Program (NCHRP) Legal Research Digest 54: Practice under the Environmental Provisions of SAFTEA-LU explores the statutory provisions; regulations, including the amendments effective in April 2009; the U.S. Federal Highway Administration’s Final Guidance on the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-...

TRB’s National Cooperative Highway Research Program (NCHRP) Report 671: Review of Canadian Experience with the Regulation of Large Commercial Motor Vehicles examines the process used in Canada to harmonize heavy truck size and weight regulations across the country. The report provides insights on how lessons learned from the Canadian experience might be applied in the United States.

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 34: Application of Physical Ability Testing to Current Workforce of Transit Employees explores the legal ramifications of instituting physical ability testing and of exceeding government requirements related to physical ability, such as visual acuity requirements for a commercial driver’s license.

TRB’s second Strategic Highway Research Program (SHRP 2) Report S2-R16-RR-1: Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads examines the process by which highway agencies and railroads develop agreements for highway projects which interact with railways. The report examines the underlying causes of delay in the project-agreement process and develop...

TRB’s Airport Cooperative Research Program (ACRP) Legal Research Digest 10: Analysis of Federal Laws, Regulations, and Case Law Regarding Airport Proprietary Rights explores airport proprietary rights, including regulation of noise, other environmental matters, safety restrictions, leasing practices, congestion management, and other airport access limitations. The report examines relevant statu...

The National Research Council has released a report that explores the system put in place by the Bayh-Dole Act of 1980 that gives universities significant control over intellectual property associated with the results of federally funded research at their institutions. According to the committee that produced the report, the current system has been more effective than the pre-1980 system in mak...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 33: Developing and Implementing a Transit Advertising Policy provides information pertaining to transit systems’ use of various strategies to implement advertising content policies that further the system’s reasonable interests and protect free speech rights.

TRB‘s Transit Cooperative Research Program (TCRP) Legal Research Digest 32: Reconciling Security, Disclosure, and Record-Retention Requirements in Transit Procurements highlights the legal requirements that are relevant to the transit procurement process of balancing the competing needs of open government and public security. The report explores federal and state requirements concerning record ...

TRB’s Airport Cooperative Research Program (ACRP) Legal Research Digest 9: Case Studies on Community Challenges to Airport Development explores judicial decisions related to challenges to airport expansion and development. The report examines the basis, defense strategies, and outcomes of cases, as well as the results of a survey of airports regarding litigation strategies.