# D.C. Circuit Upholds Brightline West Buy America Waiver

The U.S. Court of Appeals for the District of Columbia Circuit upheld the Federal Railroad Administration’s Buy America waiver permitting Brightline West to purchase two foreign-manufactured high-speed trains for its passenger rail project linking Las Vegas and Southern California. The ruling makes waiver decisions and domestic-content positions relevant to judicial review, with implications for rail suppliers, federal funding recipients, and agencies administering Buy America requirements.

- Rail suppliers and project recipients should keep clear records supporting domestic-content compliance positions or waiver requests, since those decisions may be challenged in court.
- Agencies and contractors involved in federally funded rail procurements can use the ruling as relevant context when evaluating waiver documentation and sourcing decisions.

**Jurisdictions:** federal
**Industries:** Transportation
**Topics:** Regulatory Compliance
**Published:** October 26, 2026

### Government Entities
- Federal Railroad Administration (FRA)
- U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit)

### Vendors
- Brightline West (Purchaser of two foreign-manufactured high-speed trains)

### Sources
- [DC Circ. Ruling Clarifies Standards For Buy America Waivers - Law360](https://www.law360.com/appellate/articles/2541274/dc-circ-ruling-clarifies-standards-for-buy-america-waivers) - Law360