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2 months ago | 
jdsupra.com | Marc Blubaugh |Brian Cullen |Thomas R. O'Donnell
This 30-day extension offers valuable time for those stakeholders who failed to submit comments during the original comment period that ended on January 21, 2025, or those who wish to respond to the comments that other parties submitted during that period. All market participants, including brokers, carriers, and shippers, are strongly encouraged to use this opportunity to submit comments and to play a role in shaping public policy on this important issue.
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2 months ago | 
lexology.com | Jonathan Todd |Marc Blubaugh |Thomas O’Donnell |Martha Payne |Brian Cullen
On February 18, 2025, the Federal Motor Carrier Safety Administration (“FMCSA”) granted a request to reopen the comment period for its Broker Transparency Notice of Proposed Rulemaking (“NPRM”) originally published at 89 FR 91648.
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Feb 6, 2025 | 
mondaq.com | Marc Blubaugh |Reed W. Sirak |Brian Cullen |Megan MacCallum
Within hours of his inauguration, President Donald Trumpsigned an Executive Order titled "Unleashing AmericanEnergy." This Executive Order contained several provisionsthat significantly shift current policies and regulations thatimpact the electric vehicle ("EV") marketplace andemissions regulations more generally. Many of the proposed actionsunder the Executive Order will face legal challenges prior toenactment.
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Feb 3, 2025 | 
jdsupra.com | Marc Blubaugh |Brian Cullen |Megan MacCallum
Rescinding Waivers for California’s Zero-Emission RegulationsThe most consequential action to the transportation and logistics industry contained in the Executive Order is a directive for the EPA to revoke certain federal waivers that previously allowed California to enact and enforce stricter greenhouse gas (“GHG”) emissions regulations than what is currently provided under federal law.
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Dec 5, 2024 | 
jdsupra.com | Marc Blubaugh |Christopher C. Razek |Jonathan Todd
The limitation of liability for cargo that is lost or damaged during international air transportation will increase on December 28, 2024, from 22 Special Drawing Rights (“SDRs”) per kilogram to 26 SDRs per kilogram. The change in international law is due to an increase under the Montreal Convention 1999 (“Montreal Convention”), formerly known as the Convention for the Unification of Certain Rules for International Carriage by Air, which applies to traffic with signatory nations.
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Nov 22, 2024 | 
jdsupra.com | Marc Blubaugh |Brian Cullen |Martha Payne
Proposed Regulatory Changes The proposed rule would amend the “Records to be kept by brokers” regulation located at 49 CFR 371.3 with four key changes: Electronic Recordkeeping. Brokers would be required to keep their transaction records for each shipment in an electronic format in order to facilitate more efficient access of the broker’s records by others. Broker Must Keep Detailed Transaction Records.
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Nov 18, 2024 | 
jdsupra.com | Marc Blubaugh |Brian Cullen
Motor carriers, brokers, freight forwarders and private fleets face substantial penalties if they fail to comply with Colorado’s new Large Entity Reporting (“LER”) requirement, a relatively unpublicized new regulatory measure in the State of Colorado aimed at tracking and reducing emissions from heavy-duty vehicles.
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Nov 7, 2024 | 
jdsupra.com | Marc Blubaugh |Brian Cullen |Megan MacCallum
Notable South Coast AQMD Enforcement Activity:The South Coast Air Quality Management District (“SCAQMD”), a regional government agency in California that governs air quality in Los Angeles County, Orange County, and significant portions of Riverside County and San Bernardino County, is ramping up its enforcement of air pollution regulations applicable to warehouse and distribution center operators.
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Nov 4, 2024 | 
jdsupra.com | Marc Blubaugh |Brian Cullen |Vanessa Gomez
We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many common law and contractual causes of action available to transportation contracting parties (shippers, brokers, and carriers), including breach of contract, breach of covenant of good faith, and misappropriation of trade secrets.
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Oct 31, 2024 | 
jdsupra.com | Marc Blubaugh |Vanessa Gomez |Megan MacCallum
Here is a quick summary of the material components of the Final Rule and the definitions for new terms used under OSRA 2022:1. Refusal of Cargo Space AccommodationsElements. The FMC identified three required elements for a beneficial cargo owner to establish a prima facie case under OSRA 2022 at 46 U.S.C. 41104(a)(3).
