The 3rd U.S. Circuit Court of Appeals ruled last week that a Pennsylvania state law that mandates that steel used in public works projects be made in the United States is not pre-empted by federal law or unconstitutional.
Mabey Bridge & Shore Inc., a Delaware corporation, argued that the Pennsylvania law barring the use of foreign steel on public works projects is pre-empted by the federal Buy American Act, which also says that federal funds shall not be released for highway and transportation funding for road projects unless steel, iron and other products used in the projects are made in the United States, according to the opinion in Mabey Bridge & Shore Inc. v. Schoch .
