The European Commission’s white paper “How To Master Europe’s Digital Infrastructure Needs?” is different from any previous Commission’s proposal in this sector. It is a holistic overview of the opportunities and challenges facing the EU communications industry at the crossroads of a complex converged ecosystem. The Commission invites comments on its proposals through an open … Continue Reading
On February 21, 2024, the White House issued an executive order implementing various measures to bolster the security of US ports by expanding the US Coast Guard’s authority to regulate maritime cybersecurity, requiring the reporting of cyber incidents and investing in the US port critical infrastructure.… Continue Reading
How long is something called a “crisis” before it just becomes the “new normal?” It is apparent there has been an affordable housing crisis in the United States for decades. One way that the federal government has addressed this is by motivating developers with the 9% Low Income Housing Tax Credit (the “9% LIHTC”) and … Continue Reading
The United Nations has recognized that carbon capture and sequestration is a “key technology” in the quest to keep global temperatures from rising above the scientifically-accepted threshold of two degrees Celsius. One carbon capture method that is increasingly garnering attention is direct air capture (“DAC”). While DAC technology allows companies to permanently remove carbon dioxide … Continue Reading
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. … 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
