A coalition of 21 state attorneys general and the Arizona state legislature urged a Kentucky federal court to approve a proposal from the U.S. Department of Transportation that would end core provisions of its Disadvantaged Business Enterprise (DBE) program, reports the American Road and Transportation Builders Assn (ARTBA). In the amicus brief filed June 16, the Republican state officials expressed support for a recent “consent order” in which the department has agreed to stop enforcing race- and gender-based goals on federal-aid projects, pending court approval.
In other filings relating to the Mid-America Milling Co. case, two Kentucky-based non-DBE contractors asked to intervene in support of the plaintiffs challenging the program. Additionally, a coalition of DBE program supporters has indicated plans to oppose the consent order in an upcoming filing.
The Judge in the Eastern District of Kentucky recently imposed a 90-day pause on the case while he reviews the proposed consent order and arguments relating to the DBE program. US DOT has not sent out any guidance to states advising how they should proceed on pending transportation construction contracts or project awards.