Jim Burnley, a partner in the Washington office of Venable LLP, is widely recognized as one of the nation's foremost authorities on transportation law and policy. He served as the U.S. Secretary of Transportation (1987-1989) and as Deputy Secretary of Transportation (1983-1987) under President Ronald Reagan. He also served as General Counsel of the Department.
Burnley maintains a visible presence in the transportation community and is engaged in the continuing debate over transportation policy issues. He has served as an advisor to Republican Presidential candidates in five of the last six campaigns. He was Chairman of the Port Study Panel of the National Chamber of Commerce Foundation. He is also a member of the Business Advisory Committee of the Transportation Center at Northwestern University. Additionally, he served for five years as Vice Chairman of the Board of Commissioners of the Virginia Port Authority.
In private practice for the last twenty years, his clients have covered the entire spectrum of transportation issues and interests. For example, he played a key role on behalf of the airline industry in the successful effort immediately after 9/11 to have legislation enacted to save it from completely collapsing.
He received his B.A. from Yale University and his J.D. from Harvard Law School.
Ms. Caruso's question this week is a much needed reality check. Both those who have responded thus far and she have done an excellent job of outlining the arguments in support of more spending on transportation infrastructure and more revenues through increased fuel taxes. I don't need to rehash those arguments or the facts cited in support of them. But I do have some additional questions and reflections: 1. Every federal policy flag points toward new regulations (i.e., much higher fuel economy standards) and legislation (i.e., cap and trade, and various so called "livability" schemes) intended to incentivise and coerce… Read more
This question is both extremely timely and important. It also has a clear, simple answer: the goals cannot both be achieved within the present structure of the Highway Trust Fund ("HTF"). AASHTO's new report, "Real Transportation Solutions for Greenhouse Gas Emissions Reductions", notes that for the twenty years prior to the recession, vehicle miles traveled grew by more than two percent per year. The report calls for cutting that growth rate in half. It also endorses the recent Obama Administration announcement that it will issue regulations that require new cars sold in 2016 and thereafter to average 39 miles per… Read more
Cap and trade, as envisioned by the Obama Administration and Congressmen Waxman and Markey, will do grave damage to all transportation sectors. While the Administration proposed a 14% reduction in greenhouse gas levels by 2020 from 2005, the Waxman/Markey draft bill mandates a 20% reduction, going to a 42% reduction by 2030. Cap and trade really is cap and tax, and, yes, it's a floating carbon tax. Since the emissions caps are hard, the psuedo market created by government edict has to yield prices that force various sectors of our economy to reduce emissions by the required amount. Transportation is accused of being… Read more
The answer to the first question is that Congress should not adopt a cap and trade program at all. While we don't know precisely what Congressman Waxman may have in mind, his public statements suggest that he will propose a scheme that is permanent; extract from taxpayers over the next several decades trillions of dollars in floating excise taxes; and impose unprecedented command and control regulations on most economic activity. Such a system of taxes and regulations would impose hugh new burdens on the U.S. economy, which is already reeling. Worse still, it is likely to make little significant difference… Read more
The transportation community urgently needs to focus on a variation on Ms. Caruso's question, borrowed from the movies: SHOW ME THE MONEY! Ten days before being swore in, President Obama said in an interview that he is opposed to an increase in fuel taxes. It seems to me that we should take him seriously. I also recall that when the National Commission issued it report last year recommending a fuel tax increase in the 25-40 cents range, not a single member of Congress endorsed it. Second, the Democrats in Congress seem intent on passing cap and trade legislation, which, no… Read more