In September, the White House released a “Fact Sheet” addressing technical resources to assist communities to unlock resources needed to take advantage of the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA) and other infrastructure funding opportunities. It is a well-known fact that accessing funds under the IIJA, and the … Continue Reading
We are pleased to announce a four-part webinar series based on developing best practices for US public-private partnerships (P3s). P3s are coming into their own across the US with high expectations as to how federal and state infrastructure funds can be leveraged when partnered with the private sector. Partnerships are complex on a good day … Continue Reading
With Labor Day behind us, Congress returns to Washington with a packed agenda. One month now stands between lawmakers and the end of the government’s fiscal year. And Congress has only four months to tackle various end-of-year deadlines. From domestic policy discussions to international relations, we look back at the first eight months of 2023 … Continue Reading
The White House has announced long-awaited final guidance to federal agencies to implement domestic content and manufacturing requirements in federally funded infrastructure projects. The Biden Administration guidance applies broadly to the use of iron, steel, and other common construction materials and products and, as a result, is expected to have broad implications for awardees of … Continue Reading
P3 state legislation continues to expand and move forward with governors signing legislation into law and sending some bills back to legislatures for review and revision. The states have in common efforts to define the breadth and depth of projects suitable for public private partnerships and many are working to establish specific offices to manage … Continue Reading
It is reported that globally the construction industry is responsible for almost 25% of greenhouse gas emissions, 40% of total energy production, 16% of total water consumption and 30% to 40% of all solid waste. Growing environmental awareness and activism means it is likely that industries with a large carbon footprint and environmental impact, such … Continue Reading
The US Environmental Protection Agency (EPA) announced it is seeking applications for two competitive clean energy grant programs, the National Clean Communities Investment Accelerator and the Clean Communities Investment Accelerator, which have combined funding of US$20 billion. These programs are part of the US$27 billion Greenhouse Gas Reduction Fund (GGRF) established under the Inflation Reduction … Continue Reading
As previewed in our earlier post, the National Telecommunications and Information Administration (“NTIA”) announced how much money each state and territory will be allocated as part of the Broadband Equity, Access and Deployment program (the “BEAD Program”). Nineteen states were allocated more than $1 billion: Alabama, Alaska, Arkansas, California, Florida, Georgia, Illinois, Kentucky, Louisiana, Michigan, … Continue Reading
On 24 May 2023, Wales’ first piece of primary legislation on public procurement received royal assent – the Social Partnership and Public Procurement (Wales) Act (the Act). The object of the Act is to improve social responsibility and well-being in public procurement through “social partnership” working.… Continue Reading
Public procurement law in England and Wales is one step closer to reform. The procurement bill, which was first introduced in the UK parliament in May 2022, will replace existing European Union-based procurement regulation in England and Wales and is intended to make public procurement simpler, faster, more transparent, and less bureaucratic.… Continue Reading
Broadband maps and the promise of a boom in broadband infrastructure projects remain a focus of federal, state, and local leaders. Recently, the Federal Communications Commission (FCC) published an updated version of the National Broadband Map, which identifies all locations in the United States where broadband service is or could be available and what broadband … Continue Reading
A major US offshore wind farm scored a significant legal victory as a federal judge dismissed an environmentalist group’s challenge to the Vineyard Wind project. This ruling is illustrative of the myriad legal challenges faced by offshore renewable energy projects. … Continue Reading
With a divided U.S. Congress and presidential and congressional elections looming in 2024, U.S. President Joe Biden looks to boost labor protections using available executive and regulatory mechanisms within his control. Notably, one White House initiative will soon come into greater focus for large-scale, federally-funded construction projects – President Biden’s Executive Order (E.O.) 14063. Signed … Continue Reading
On May 25, 2023, the US Supreme Court, in Sackett v. Environmental Protection Agency, ___ US_ (2023) (“Sackett”) held that “waters of the United States” for purposes of federal jurisdiction under the Clean Water Act (“CWA”) refer “only to geographical features that are described in ordinary parlance as “streams, oceans, rivers and lakes’ and to … Continue Reading
The now-passed Fiscal Responsibility Act (FRA), memorializing the debt-ceiling agreement, includes a number of federal permitting provisions. These include:… Continue Reading
As our colleagues recently published on our Trade Practitioner blog, on May 5, 2023, the U.S. Department of Treasury, the agency tasked with administering the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule (88 Fed. Reg. 29003) expanding the list of “military installations” that could trigger CFIUS authority over certain … Continue Reading
The Bipartisan Infrastructure Law (BIL) was enacted on November 15, 2021, yet the funding process is dynamic and evolving weekly. In fact, some programs have yet to be established. Unlike the COVID-relief packages in recent years, through which funding was allocated in one or two tranches and primarily through existing programs, the BIL – originally … Continue Reading
A key federal rule was recently amended that will impact environmental due diligence in real estate transactions. Real estate developers, lenders, and others are working to adjust their approaches to conform to the new American Society for Testing and Materials (“ASTM”) standard E1527-21. The US Environmental Protection Agency finalized a rule providing that this new standard … Continue Reading
As we end the first quarter of 2023, it’s safe to say no one could have anticipated the myriad of challenges that now face public-private partnership (“P3”) deals. Inflation continues unabated, while interest rates continue to rise. Supply chains are complicated and tangled, and the high-profile closure of Silicon Valley Bank and the two-stage rescue of First … Continue Reading
President Biden recently used his first veto to preserve the Department of Labor rule permitting ERISA retirement plan fiduciaries to consider ESG factors in their clients’ retirement investment portfolios so long as such considerations are relevant to a risk and return analysis. 29 C.F.R. § 2550.404a-1(b)(4) (2022). The Department of Labor’s (DOL) rule, titled “Prudence … Continue Reading
US Customs and Border Protection (CBP) recently held that a foreign flagged vessel could install electric transmission cables without violating the coastwise laws. This decision reflects a growing body of CBP rulings that address whether a Jones Act compliant vessel is required for specific aspects of an offshore wind project.… Continue Reading
It has been well documented that the world is facing multiple environmental problems. One such issue is that of biodiversity loss as populations grow and urbanisation takes hold. England has sought to challenge this global threat at the local level through the imposition of far more rigid biodiversity net gain requirements in their planning system. … Continue Reading
The Bond Buyer announced its annual Deals of the Year in several categories. The winner in the P3 category was a bond issuance which financed a portion of the $2.75 billion Fargo-Moorhead Metropolitan Area Flood Risk Management Project. The Fargo Moorhead project is a public-private partnership (P3), between the Red River Valley Alliance and the … Continue Reading
Those familiar with the UK infrastructure and energy sectors will be aware be aware that a Government-owned bank, established to fund projects in these sectors, has been talked about for some years, partially as a response to Brexit and the withdrawal of the European Investment Bank from the UK market, and also following the Government’s … Continue Reading
