The decision was eventually overturned. In yet another matter, FTA was notified just before a Federal court issued an injunction preventing the recipient from complying fully with DOT's DBE rule. The district court then thwarted our efforts to intervene at that stage of the proceedings and the United States has appealed that ruling to the Court of Appeals for the Fifth Circuit. Early notification provides the Federal Government with more options and opportunity to assist in the defense of FTA programs and projects. We understand that it is not always possible to discern a litigant's intent to challenge a Federal program or regulation when the suit is first filed.
Lawsuits sometimes evolve in unexpected ways.
Even if FTA does not participate directly in the litigation, we may be able to provide background information and other technical assistance. Please ensure that your litigation attorneys, whether in-house or outside counsel, are aware of the notification requirement and the potential for FTA participation.