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New Technical Assistance Resources:  If You Are Not Shovel Ready, Here’s How to Start the Process

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

Best P3 Practices for the US Webinar Series

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

Fall Forecast: What to Expect From Washington Through the End of the Year

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

White House Finalizes Long-awaited Build America, Buy America, (BABA) Guidance

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 Update and Opportunities for the Private Sector

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

Why the Construction Industry Needs to Be Worried About “Greenwashing”

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

US Environmental Protection Agency Seeks Applications for Two Clean Energy Grant Programs

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

Funding for Broadband Infrastructure Projects: What’s Next (Part II)

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

England and Wales: Procurement Bill Update

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

Funding for Broadband Infrastructure Projects: What’s Next

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

Chasing the Infrastructure Funding, Amid Layers of Federal Requirements

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

US Supreme Court Narrows the Definition of “Waters of the United States” with Respect to Wetlands for Purposes of Federal Jurisdiction under the Clean Water Act

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

CFIUS Expands Reach of its Covered Real Estate Authority with the Addition of Eight New “Military Installations”

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

Building on the Implementation of the Bipartisan Infrastructure Law, aka Infrastructure Investment and Jobs Act

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

Federal Rule Modifies Environmental Due Diligence Standard for Real Estate Transactions

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

Public-Private Partnerships in 2023’s Economic Environment

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’s First Veto of the Congress’s Bipartisan Joint Resolution

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

CBP Issues Ruling on Offshore Wind Electrical Cable Installation

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

Tackling Biodiversity loss in England through the planning system

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

Fargo-Moorhead Flood Risk Management P3 Wins Deal of the Year

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

UK Infrastructure Bank – Now Firmly Established and Lending

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
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