Couch White attorneys, Alita Giuda and Honora Osman, recently authored an article for the New York Construction Materials Association’s Spring 2026 Material Matters magazine.

The article reports on how the United States Department of Transportation (“USDOT”) issued an Interim Final Rule (“IFR” or the “Rule”), amending 40 CFR Part 26, which governs USDOT’s Disadvantaged Business Enterprise (“DBE”) program in October 2025. That Rule became effective immediately and has a significant impact on DBEs in New York State who are certified through USDOT. Under the IFR, the objective of the DBE program was amended to “ensure that the DBE program operates in a nondiscriminatory manner and without regard to race or sex, while maximizing efficiency of service.” Thus, while various amendments were made to the DBE program, the removal of the race- and gender-based presumptions of disadvantage previously employed for certification purposes is most significant. Now, DBE certification based solely, or in part, on race or gender is no longer permitted.

The full article explains how New York businesses are affected by the IFR and how New York businesses should remain attentive to changes to other Federal programs in light of the IFR.  See the full magazine here.

For more information, please contact Alita Giuda, Chair of the Environmental practice group at Couch White, LLP.