In a brief, Attorney General Anthony G. Brown and twenty-one other attorneys general argued that a proposed court decision may affect the Disadvantaged Business Enterprise (DBE) Program, which encourages minority companies to participate in federally funded transportation projects.
In an amicus brief filed in the U.S. District Court for the Eastern District of Kentucky, Attorney General Anthony G. Brown led a multistate coalition of 22 attorneys general, urging the court to reject an agreement that would jeopardize the Disadvantaged Business Enterprise (DBE) Program, which is administered in compliance with DOT regulations, according to the news release issued on Tuesday, June 24.
Congress established the DBE Program in 1983 to give the states responsibility for managing large-scale federally supported infrastructure and transportation projects, including making sure that contracts are given out fairly and without discrimination.
In 2023, the program was sued by two private companies. The federal government changed sides in the case when President Trump took office, joining the plaintiffs in requesting that the Court issue a consent order that could limit or end the DBE Program across the country.
Because the parties seeking the order share the same stance on the issues, the brief contends that the desired order would go beyond the court’s appropriate role in our adversarial system of government.
Attorney General Brown said the alleged deal is a backdoor attempt to eliminate a program that supports minority companies in their bids for federally financed transportation projects. Businesses that have long faced obstacles to government contracts now have genuine chances thanks to the DBE Program. In order to guarantee that these investments benefit all of our communities, we are striving to preserve equitable access and fortify our infrastructure.
The attorneys general of Illinois, Washington, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin have joined Attorney General Brown in filing this brief.
