MADISON, Wis. – Attorney General Josh Kaul joined a multistate coalition in filing an amicus brief in the U.S District Court for the Eastern District of Kentucky, urging the court not to approve an agreement that would threaten the Disadvantaged Business Enterprise (DBE) Program administered in accordance with U.S. Department of Transportation (DOT) regulations. The brief was filed on Tuesday.
The DBE Program, which Congress created in 1983, tasks the states with overseeing the administration of major federally funded transportation and infrastructure projects. Two private businesses filed a lawsuit against the program in 2023. After President Trump entered office, the federal government switched sides in the litigation and joined with the plaintiffs in asking the Court to enter a consent order that could restrict or eliminate the DBE Program nationwide.
The brief argues that the requested order would exceed the proper role of the court in our adversarial system of government because the parties requesting the order take the same position on the issues.
“The U.S. Department of Transportation’s Disadvantaged Business Enterprise Program shouldn’t be substantially changed based on an agreement between the plaintiffs and USDOT,” said AG Kaul. “The role of the courts is to resolve disputes, not to validate parties’ agreed-upon view of the law.”
Joining Attorney General Kaul in submitting this brief are the attorneys general of Maryland, Illinois, Washington, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont.
View the amicus brief here.
View this press release on the DOJ website here.
