Global Projects View

Perspectives on Investment, Economic Development and Infrastructure

A Summer of Reform for the National Environmental Policy Act

By Alex Arensberg on September 11, 2023 Posted in Environmental, Infrastructure

The National Environmental Policy Act (NEPA) plays a critical role in infrastructure and energy project development. The statute requires federal agencies to consider the environmental impacts of proposed major federal actions as part of the agencies’ decision-making process. Most proposed projects that require a federal approval, such as a permit, or that receive federal financing must comply with NEPA’s requirements. The significance of the expected environmental impact dictates the precise NEPA process that must be followed, as well as the final NEPA approval document that must be prepared. Federal agencies also use the NEPA process as an “umbrella,” under which to ensure the project proponent’s compliance with other federal environmental programs.

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

By Caren Street on September 6, 2023 Posted in General, Public Policy

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 and provide our assessment of what Congress will – and will not – be able to accomplish this year.

Read full insight here.

2023 SMART Funding Open until October 10, 2023: Check it out.

By Stephanie Cheung, Josephine Magnotti and Kara-Marie Urban on September 5, 2023 Posted in IIJA/IRA, Infrastructure, Public Policy

Established by the Infrastructure Investment and Jobs Act (IIJA), the Strengthening Mobility and Revolutionizing Transportation (SMART) Program awards grants to various public sector agencies – state, local, and tribal governments, public transit agencies, metropolitan planning organizations – to execute projects that use advanced technologies to improve transportation efficiency and safety. The Fiscal Year (FY) 2023 SMART Notice of Funding Opportunity (NOFO) is now open until October 10, 2023.

Cybersecurity Resiliency Funding for U.S. States and Territories

By C. Bradford Ellison and Dominic Braithwaite on August 29, 2023 Posted in IIJA/IRA, Public Policy

The Department of Homeland Security has announced a Notice of Funding Opportunity (“NOFO”) for the fiscal year (“FY”) 2023 State and Local Cybersecurity Grant Program (“SLCGP”). This program makes approximately $374.9 million available in funding available to help state, local and territorial governments manage and reduce systemic cyber risks through focused investments.

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

By Patricia H. Doersch, Jennifer Tharp and Michael Hawthorne on August 25, 2023 Posted in General

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 federal funding, prospective applicants, contractors, and suppliers.

P3 State Legislation Update and Opportunities for the Private Sector

By Karol Denniston, Jonathan Taunton and Kara-Marie Urban on August 24, 2023 Posted in General, Infrastructure, Public Policy, Public Private Partnerships

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 their infrastructure projects. Suffice it to say that the infrastructure to build infrastructure is being built out through state legislation. You can find our current P3 State Legislation Tracker here.

Mahoney v. U.S. Department of the Interior

By Michael Wray on August 8, 2023 Posted in Energy, Environmental

In Mahoney v. U.S. Department of the Interior,[1] the United States District Court for the Eastern District of New York recently addressed an environmental challenge to the South Fork Wind Farm (“Wind Farm”) that is being constructed on the Outer Continental Shelf (“OCS”) approximately 35 miles off Montauk Point, New York. The Mahoney decision is illustrative of the “shore side” legal challenges faced by the offshore wind industry and is a reminder of the continued significance of constitutional standing doctrine, which requires parties bringing suit to demonstrate that they are appropriate parties to bring an environmental challenge to court.

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

By Angela Radich on August 7, 2023 Posted in Construction, Environmental, General

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 as the construction industry, will face increasing scrutiny of their “green” claims. Managing the risk of greenwashing is challenging and complex. While at its core it is a matter of “doing what you say you are doing, or are going to do”, in practice it is far from that simple.

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

By Michael Wray on August 1, 2023 Posted in Environmental, ESG, General, IIJA/IRA

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 Act (IRA).

ESG in Infrastructure Projects

By Jon Bloomberg on July 21, 2023 Posted in ESG

Large construction or development companies should be paying attention as manufacturing and other large consumer-facing corporations struggle to address issues related to Environmental, Social, and Governance (ESG) issues. Most publicly traded companies in these sectors are somewhere in the journey of establishing ESG programs and implementing the related accounting and reporting mechanisms.

In particular, companies pursuing public-private partnerships (P3) may encounter unique ESG expectations or demands from public entities. From sustainability and sourcing commitments and labor practice specifications to environmental justice expectations, a company with a robust ESG program will be better equipped to credibly pursue and undertake P3 projects.