Colorado Department of Highways v. United States Department of Transportation

BALDOCK, Circuit Judge.

Plaintiffs-appellees Colorado Department of Highways (Colorado) and Utah Department of Transportation (Utah) challenged the accounting method which the defendant-appellant Federal Highway Administration (FHWA), an entity within the Department of Transportation, determined the states must use to calculate federal reimbursement for construction engineering costs under the Federal-Aid Highway Act (Highway Act). 23 U.S.C. §§ 101-408 (1983). Under the Highway Act, the FHWA is required to apportion authorized reimbursement costs among the states as prescribed by statute. For…