23 U.S.C. § 315
Rules, regulations, and recommendations
Except as provided in sections 202(a)(5), 203(a)(3), and 205(a) of this title, the Secretary is authorized to prescribe and promulgate all needful rules and regulations for the carrying out of the provisions of this title. The Secretary may make such recommendations to the Congress and State transportation departments as he deems necessary for preserving and protecting the highways and insuring the safety of traffic thereon.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1965–2026 · leading case: City of Cleveland v. Ohio, 508 F.3d 827 (6th Cir. 2007).
City of Cleveland v. Ohio, 508 F.3d 827 (6th Cir. 2007). “The City argues in the alternative that if the local hiring preferences do run afoul of these regulations, then the regulations conflict with the plain language of 23 U.”
Hawthorn Env't Pres. Ass'n v. Coleman, 417 F. Supp. 1091 (N.D. Ga. 1976). “In Count II, plaintiffs complain that defendants violated certain regulations promulgated pursuant to 23 U.S.C. § 315 , because the location of PR-2177(4) does not promote the general welfare, conserve natural resources, advance economic and social values or promote desirable…”
Lamar Cent. Outdoor, LLC v. State, 64 A.D.3d 944 (N.Y. App. Div. 2009). “To carry out that purpose, Congress delegated authority to the Secretary of Transportation to “prescribe and promulgate all needful rules and regulations” to carry out the provisions of the FHBA ( 23 USC § 315 ). The legislative history indicates that Congress did not intend the…”
Town of Belmont v. Elizabeth Dole, United States Sec'y of Transp., 766 F.2d 28 (1st Cir. 1985). “In considering the “archeological regulation’s” lawfulness, it is important to keep in mind the following ‘legislative’ background: DOT promulgated the regulation pursuant to its general rulemaking power to implement Congressional transportation statutes, see 23 U.S.C. § 315 .…”
Cnty. of Los Angeles Cal. v. Coleman, 423 F. Supp. 496 (D.D.C. 1976). “…to “prescribe and promulgate all heedful rules and regulations for the carrying out of the provisions of this title.” 23 U.S.C. § 315 .”
State of Nebraska, Dep't of Roads v. Norbert T. Tiemann, Fed. High. Adm'r, 510 F.2d 446 (8th Cir. 1975). “) Section 315 of the Act, 23 U.S.C. § 315 , specifically gives the Secretary of Transportation authority “to prescribe *448 and promulgate all needful rules and regulations for the carrying out of the provisions of this title.”
Movement Against Destruction v. Trainor, 400 F. Supp. 533 (D. Maryland 1975). “§ 134 (a), was begun by FHWA, under IM 50-3-71, as a management tool to help Regional Administrators improve the planning process in their respective regions.”
Galloway v. Arkansas State High. & Transp. Dep't, 885 S.W.2d 17 (Ark. 1994). “It further points out that 23 U.S.C. § 315 provides for rules and regulations to implement Title 23, including § 128, and that 23 C.”
CSX Transp., Inc. v. Mayor & City Council of Baltimore, 759 F. Supp. 281 (D. Maryland 1991). “§ 130 but also 23 U.S.C. § 315 , which gives the Secretary of Transportation power “to prescribe and promulgate all needful rules and regulations for the carrying out of the provisions of this title.”
Lathan v. Brinegar, 506 F.2d 677 (9th Cir. 1974). “23 U.S.C. § 315 authorized the Secretary of Commerce to “prescribe and promulgate all needful rules and regulations for the carrying out of the provisions of this title.”
State Ex Rel. Burns v. Kelly, 403 P.2d 566 (Idaho 1965). “Section- 18 of the Act of November 9, 1921, (re-enacted by the 1958 act, 23 U.S. C.A. § 315) authorized the Secretary to prescribe and promulgate necessary rules and regulations for carrying out the provisions of the ■ act,.”
State Ex rel. Dep't of Transp. v. United States, 547 F.2d 1388 (9th Cir. 1977). “The Government contends that the Policy and Procedure Memorandum under which the challenged action was taken was given legislative sanction by 23 U.S.C. § 315 , which specifically authorizes the Secretary “to prescribe and promulgate all needful rules and regulations for the…”
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